One month's notice required after section 21

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    One month's notice required after section 21

    Dear All,
    I hope you can help me with the question. I am renting a house on a rolling contract ( one month) after I finished ATS contract. I have been served with section 21 notice to leave on or before the 4 months ( 6th October) . The letting agent is insisting to give them one month notice if I would like to leave before the end of four months. Is this legal?

    I found a bit weird to be asked to give a notice after being issued with a notice
    Thanks
    Ibrahim

    #2
    I can understand the confusion!

    The landlord's notice doesn't end the tenancy, they'd have to go to court to do that.
    But your notice does end the tenancy and I think that's what the agency is trying to make happen.

    If the landlord wants you to leave and you don't want to give notice tell the agent that you'll find somewhere else and then surrender the tenancy, rather than give notice.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by jpkeates View Post
      I can understand the confusion!

      The landlord's notice doesn't end the tenancy, they'd have to go to court to do that.
      But your notice does end the tenancy and I think that's what the agency is trying to make happen.

      If the landlord wants you to leave and you don't want to give notice tell the agent that you'll find somewhere else and then surrender the tenancy, rather than give notice.
      Although that might involve some payment of money for duplicate rent depending on the timing....

      Comment


        #4
        You don't have to give any notice at all: But if you don;t you'll likely still be liable for the rent. Either agree early surrender (eg tomorrow @ 13:45 ) with agent or landlord or serve valid notice: Your choice.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Sounds like the LL wants you out for whatever reason. There are 2 things here:

          1. LL has served you notice to leave the property, if for any reason you do not leave or found a new place by the 6th Oct, they still can not obtain possession, they would need to take you to court to get an order for possession of the property, if you still do not leave on the possession order date they will need to get bailiffs to escort you off. This is the final stage. Bear in mind if you do not leave and they LL has to put in an application to the courts you would ultimately be the one paying all the costs.

          2. If you find a place in your own time frame, you only need to provide notice to the LL/LA that you want to leave providing them with 1 months notice, so that they can arrange to do a check out on that date etc.

          Comment

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