Served two different S21's by landlord

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    Served two different S21's by landlord

    Hi all. Sorry, but it's me again.....

    It just gets worse with these LLs! I moved out of my rental property on 2 May 2008. I gave 2 monts formal notice by email as requested by the agency on the 13th May 2008 - agreeing that the tenancy will end 9th July 2008. The landlord then decided to serve a S21 on all of us in the property to be out by 10 July (which is the day our rent is normally due) 'cause they want to refurbish the place. However - this morning i received yet another S21 notice sent to me by email stating the end date is now 9 August?! They asked me to remove my remaining things by 1st June (I did it by 30 May) and they would then regard me as not on the agreement anymore seeing that i moved out 2 May already. Now they won't tell me why they are not returning my deposit (and no - there are NO damages/arrears/etc) and they also say they don't want to deal with me directly (after 2 and a half years of no hassles between us while i was there) and tell me to write to their lawyer!!

    I was informed that because the yearly rent exceeds £25000 that this falls outside the housing act 1988 (I know nothing about the housing act and what it entails!) and that the S21 is therefor also not correct. Where does this leave me?

    1. Can I move back into the property for a few months 'till they give me proper notice?
    2. How can they now get me out except for giving me the stated 2 months notice as per our periodic STA?
    3. If I move back on the 12th June - can they then only give me notice to move out as per the following month that rent would be due which is 10 July 2008 - which will make it 9 September?
    4. What if they do give me 2 months notice to move on the 9 September and I refuse to?

    Sorry for all the questions, but I need to get this sorted asap.

    Many thanks.

    #2
    As stated on other thread, s.21 and whole 1988 Act do not apply. The Notice is INVALID- geddit?

    L can end the tenancy, sure, by a contractual Notice. There is no statutory continuation (because, again, the Act that would create it doesn't apply).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      As stated on other thread, s.21 and whole 1988 Act do not apply. The Notice is INVALID- geddit?

      L can end the tenancy, sure, by a contractual Notice. There is no statutory continuation (because, again, the Act that would create it doesn't apply).
      Don't you think there's a chance the s.21 notice could act as the contractual NTQ? The Mannai principle and all that?
      Health Warning


      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

      Comment


        #4
        As we have now been told that a s.21 form could work as a break-clause Notice (but I still have my doubts), you might be right (but ditto).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Thanks for that Jeffrey - yeah - i GODDIT aaages ago - therefor the four NEW questions asked in my thread! If you can't politely answer my specific questions asked I would appreciat you rather don't respond to my thread at all then. Much appreciated.

          Comment


            #6
            Originally posted by Confused72 View Post
            Thanks for that Jeffrey - yeah - i GODDIT aaages ago - therefor the four NEW questions asked in my thread! If you can't politely answer my specific questions asked I would appreciat you rather don't respond to my thread at all then. Much appreciated.
            Don't be so sensitive. If you think my anodyne comments impolite, stick around- you ain't met some of our, er, more forthright colleagues!
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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