Sec 21 Can landlord withdraw

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  • KTC
    replied
    Why don't you post what the break clause in the tenancy agreement say? Is there actually a break clause?

    Originally posted by Ellie39 View Post
    Am I now on a standard periodic tenancy.
    Assuming assured (shorthold) tenancy, IF there's an enforceable break clause, IF notice have been given in accordance with it by the landlord, IF the notice have expired, AND IF you continued to live in the property as your only or principal home when notice expired, THEN you're on a statutory periodic tenancy. Else you're still in your fixed term tenancy.

    Originally posted by Ellie39 View Post
    Do we even have a tenancy agreement now.
    Of course you do.

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  • Ellie39
    replied
    Thanks for the reply. I understand I will probably need to get advice but at this stage I’m looking at my options. The break clause was added at the last minute. I’m no expert but it looks like it’s been cut and paste off google. So I’m aware I could probably challenge this but in the mean time am I correct in thinking as the landlord has activated the break clause as I can find no mention of this in the agreement. Am I now on a standard periodic tenancy. Do we even have a tenancy agreement now.

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  • KTC
    replied
    All 3 of your questions are based on a misunderstanding on the legal effect of a section 21 notice.

    A section 21 notice does not end a tenancy*, it merely allows on its expiry the landlord the right to go to court to apply for an order for possession, which after that get granted and the order is then executed by a County Court bailiffs or High Court Enforcement Officer does a tenancy ends and the tenant evicted.

    So, once you understand that, you can understand why:
    A: You need to serve your own notice if you want to leave,
    B: No, but given the answer to A, is not really relevant,
    C: Tenancy doesn't end of s21 expiry.

    You can mutually agree on a leave date with the landlord which doesn't have to have any relation to the s21 expiry date.

    If you're planning on leaving, serve your own notice. I assume the break clause you referred to let you do that. If it only let the landlord break, then it's actually probably unfair and not enforceable, meaning the notice your landlord given to you is meaningless.

    * A s21 itself doesn't end a tenancy, but the notice given to you may serve a dual purpose of being a break notice and a s21 notice. In that case, the break notice aspect of it would end the fixed term tenancy early. You'll then be on a statutory periodic tenancy if you stay beyond the break notice expiry.

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  • Ellie39
    started a topic Sec 21 Can landlord withdraw

    Sec 21 Can landlord withdraw

    Hi
    I’m still in my AST tenancy period, still has a year to run, however there is a break clause in the agreement. My landlord has issued me a Sec 21 notice. Once the two months have expired it states I should leave after that date do I have to
    A, give any notice can I simply walk into the agents with the keys after that date.
    B, If I find another property can the landlord withdraw the notice, worst case scenario I’m thinking I put a deposit on a property, the week I’m moving out the landlord withdraws the sec 21 and says I have to give two months notice. Leaving me with double rent to pay.
    C, once the two months passes if it takes me a couple or few weeks to find a place does the Sec 21 effectively has an expiry date.
    I know it sounds simple just speak with the Lamdlord/agent but I suspect the Sec 21 has been issued to get me to sign a new agreement and increase the rent. Apparently this agent has done this to others.

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