Old AST with s.21 Notice; does new AST override Notice?

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    Old AST with s.21 Notice; does new AST override Notice?

    Apologies if this topic has been done to death but just wanted to check the validity of a statement from a letting agency.

    I signed a 12 month AST lease. When it expired i signed another 12 month AST lease. when that expired I asked if we could move to a statutory periodic tenancy. The letting agency agreed but included this quote in their letter regarding notice periods:

    "we served a section 21 notice with the original lease. There is no legal requirement upon the landlord to serve this notice. Should they decide to take possession they can therefore begin this process immediately."

    I've checked both AST leases and there is no mention of a section 21 notice. I've never received any correspondance that mentioned a S21.

    What I want to confirm is that even if an S21 notice was served with the original lease, the fact the a new AST term was granted should make that notice null and void as detailed here: http://www.tenancyagreementservice.c...ce-to-quit.htm

    "If a section 21 notice is issued during the initial fixed term of a tenancy to regain possession at the end of the fixed term tenancy, then should the landlord decide to grant another fixed term, a new section 21 notice would be required to regain possession."

    Is the agency statement still valid? And if not should I inform the agency or just ignore it until the landlord decides he wants the property back and is not prepared to give notice (which hopefully won't happen).

    Thanks

    #2
    Yes. L's Notice is tenancy-speciific. A new/renewal AST is a new contractual relationship, so L's previous s.21 Notice is then irrelevant.
    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).

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