Section 21 During Contract Period

[matt001]

Hello,

On 09.12.2021 I moved in to a flat and signed 6 months contract.
Then on 08.04.2022 I have been served section 21 notice by the letter trough the mailbox...

I have started reading about this and found in the web that agency cannot issue section 21 notice until 4 months since start of contract have passed...
More than that, I have found that they cannot issue it at all during contract period unless there is a clause in the contract, that I looked for very carefully but couldn't find anything like this in the contract...

Can anyone who has some experience with it advise me what are my rights in this situation ?
For me the best solution would be that at the end of my contract 09.06.2022, agency reissues the section 21 notice but before I ask them to do so I want to find out if I have a right to do so...

I will highly appreciate your answers, Thank you.

[jpkeates]

I have started reading about this and found in the web that agency cannot issue section 21 notice until 4 months since start of contract have passed...

Correct. If your tenancy began on 9th December, they’re a day early.

More than that, I have found that they cannot issue it at all during contract period unless there is a clause in the contract, that I looked for very carefully but couldn't find anything like this in the contract...

I think you should check that again.

Note that the notice doesn’t bring the tenancy to an end, so you can issue your own notice after the fixed term ends, or simply leave before the end of the fixed term, if the tenancy agreement ends at that point.

[ash72]

They can serve notice on you during your contract, but can't act upon the S21 notice until the expiry of your contract. They can serve you with a S8 notice during your fixed term contract.

What is the reason why they want you out? If I were you, I would leave before costs and CCJ's come into the equation which then will put a -ve marker on your credit file. Your rights are that no matter what notice you have been served, you do not need to leave until either you surrender the tenancy or the courts do, but the decision would be yours, and just think about your future in terms of renting somewhere else.

[matt001]

Ok, thanks for your answers.
So do you reckon I should be able to give my notice at the end of the contract (09.06.2022) and after that still have an additional month to move out ?

Regarding reason for the move out is that the owner wants to sell the property.

[theartfullodger]

Usually if you leave before end fixed term requires no notice at all (albeit it would be polite) unless contractual tenancy...

Tenancy fixed term ends surely 8th not 9th, or does tenancy say otherwise?

[mokka]

Why would the tenant get a CCJ unless they owe rent which the OP does not? Won’t be court fees either as the OP wouldn’t bother fighting it.

[jpkeates]

Ok, thanks for your answers.
So do you reckon I should be able to give my notice at the end of the contract (09.06.2022) and after that still have an additional month to move out ?

Regarding reason for the move out is that the owner wants to sell the property.

The fixed term should end on 8th June.

Technically after that your notice depends on the wording of the contract.
If the tenancy continues after an initial term, it's whatever the agreement says.
If it's an initial fixed term that ends, your notice is a minimum of a month ending on the 8th of a month.

Technically you can't serve notice at all before the end of the fixed term or on the 9th June itself (but almost no one knows that).

[DPT57]

If the Agent takes advice they will see that any notice served on the first say of an SPT, (if it is an SPT) is invalid. In this case you should either serve notice on 10th, which will be almost 2 months or leave before the fixed term expires.

[theartfullodger]

ANY notice? Why would e.g. NTQ served 1st day of an period, expiring last day of period 3months+ later be invalid a?

[jpkeates]

ANY notice? Why would e.g. NTQ served 1st day of an period, expiring last day of period 3months+ later be invalid a?

It can't be served in the fixed term and be valid.

And any notice served on the first day of a new SPT is also invalid.

[theartfullodger]

Accepting your greater knowledge, could someone kindly point me to the law/regulation and section (or case law) that makes any notice given by tenant NTQ specifically an NTQ invalid if served on 1st day of a period?

Fully understand that any notice by tenant during fixed term is invalid, but my point was if tenant leaving by end fixed term might be polite and point this (the leaving) out to landlord/agent by notice/letter/whatever.

As a landlord I'd appreciate this.

[jpkeates]

Accepting your greater knowledge, could someone kindly point me to the law/regulation and section (or case law) that makes any notice given by tenant NTQ specifically an NTQ invalid if served on 1st day of a period?

It's not on the first day of a period, it's the first day of a new periodic tenancy.

It's s5(5) of the Housing Act 1988.

[matt001]

Yes, once my contract ends it becomes a periodic tenancy (rolling agreement) - I found this in contract itself.
Does it mean I can give the notice on 10.06.2022 and still have a month to move out and agency/landlord cannot trough me out/take to court during this 1 month ?

[DoricPixie]

Yes, once my contract ends it becomes a periodic tenancy (rolling agreement) - I found this in contract itself.
Does it mean I can give the notice on 10.06.2022 and still have a month to move out and agency/landlord cannot trough me out/take to court during this 1 month ?

Your fixed term ends 9th May and the periodic tenancy starts 10th May. jpkeates is saying (I think) that you can’t serve valid notice whilst still in your fixed term or on the first day (in your case 10th May) of the periodic tenancy. That appears to be the legal standpoint.

However, the landlord would like you to leave so that (s)he can sell the property so if you contact the letting agency saying you’ll vacate by 9th June it would be a foolish landlord who gets caught up in the legalities above.

Any landlord who attempts to turf out a tenant without going through the due process is conducting an illegal eviction which is a criminal offence. As for taking you to court, firstly the landlord is highly unlikely to get a court date before you leave of your own volition and the end of June and secondly the Section 21 is invalid by the sounds of things so the landlord wouldn’t be granted a possession order anyway.

[jpkeates]

I agree with DoricPixie, it would be sensible for you to communicate your intentions to the landlord.
And any sensible landlord would be happy to proceed on that basis.

Not all landlords are sensible (although I don't see what else they could do, rational or not).