S21 served during replacement tenancy

[Andyhambwa]

Hi,

We were renting since June 2021 for a year and just recently signed tenancy agreement for another year. A week after that we received s21 from our landlord with 2 months notice.

Our tenancy agreement contains a break clause which mentions period after 4 months of the initial fixed term of tenancy. Could someone advise please whether the s21 would be valid or not during the replacement tenancy or we shouldn't get this until October this year?

Many thanks,

Andy

[theartfullodger]

Just ignore it. Seems to indicate your landlord doesn't know what they are doing.

Understand you signed: did landlord or agent counter-sign please?

[Andyhambwa]

Hi, the tenancy agreement was signed by both parties, in this case by the agency acting on behalf of the landlord

[ash72]

The S21 is not valid, was there a reason why the LL has served a notice? The LL could serve a Section 8 notice depending on the grounds.

[Andyhambwa]

Rents were always paid in time, reason provided is that they are relocating back to UK and need the flat back. My question also is: How is something like this legal when a new contract was signed and has only just started?

[KTC]

I can send you a "notice" that you must give me £10,000 in 2 months time. Doesn't mean it has any legal effect. The same with an invalid notice.

[Andyhambwa]

Thank you for your replies, much appreciated. This did not have any sense to me and I can see that I am not isolated in my opinion

[ash72]

You are within your rights to live there until the tenancy ends, either you providing notice to your LL or your LL serving a valid notice to end your tenancy. If I were in your shoes, I would start to look for another place, as if your LL is returning back eventually they will want their property back to live in, and to avoid the stress, and potentially court fees etc, leave on your own terms peacefully.

[Andyhambwa]

I completely understand that and will do, what I don't understand however is how come this can be served out of the blue and we are expected to leave within 2 months during summer time, just right after a new contract was signed for another year? We may be busy, absent, already have plans, 2 months is definitely not enough and sounds unfair, considering that all efforts have been made previously to extend the contact.

[DoricPixie]

I completely understand that and will do, what I don't understand however is how come this can be served out of the blue and we are expected to leave within 2 months during summer time, just right after a new contract was signed for another year? We may be busy, absent, already have plans, 2 months is definitely not enough and sounds unfair, considering that all efforts have been made previously to extend the contact.

The landlord might be expecting you to leave but he’s on a hiding to nothing as you have just signed a new fixed term contract (another 12 months) and even with the break clause the Section 21 notice is not valid.

If on the other hand a Section 8 using ground 1 had been served instead he might have been successful if it went to court for a possession order.

Had the landlord not signed a new fixed term contract and let the tenancy become a statutory periodic tenancy the notice would (providing all the paperwork was in order) have been valid and the notice period for a Section 21 is 2 months. You may find that unfair but that is the notice period as specified in the legislation. The notice isn’t notice that you must leave the property by the date in the notice, it is notice that the landlord may go to court to get a possession order. As there is no defence against a correctly issued Section 21 the landlord would get his court order and court costs can be awarded against you so most tenants don’t drag things out and do leave by the date in the notice.

[Andyhambwa]

Thank you for your reply, much appreciated!

As there is no defence against a correctly issued Section 21 the landlord would get his court order and court costs can be awarded against you so most tenants don’t drag things out and do leave by the date in the notice

I trust a newly signed contract for another year that came into force literally the week before would be some sort of a denence in this case

[DoricPixie]

Thank you for your reply, much appreciated!



I trust a newly signed contract for another year that came into force literally the week before would be some sort of a denence in this case

From the information you have supplied in this thread, the Section 21 has not been correctly issued...that is the defense.

[ash72]

The S21 notice you were given, is not valid - therefore the LL will not be able to take legal action against you currently based on the notice.

The S8 on grounds 1 can be served, it is a mandatory ground, but you have a strong defence in that only 1 week after being provided with a new fixed term contract the LL decided that they were returning back. It would be on the judge's discretion to give possession.

If you carry on living at the property, I would suggest you carry on paying rent, if you get into arrears, the situation can and will change. As stated before I would be searching for a new home.

[red_boots2]

On a side note if you aren't adverse to moving, maybe ask them for a relocation fee?

[jpkeates]

Could the OP please quote the break clause?
I don't think that the s21 notice is valid as a s21 notice, but it might trigger the break clause.