Notice under s.21(1)(b) served during periodic tenancy!

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  • Notice under s.21(1)(b) served during periodic tenancy!

    Please help!

    I have a situation whereby I have been served with a Section 21(1)(b)

    My tenancy agreement was a AST, which ended about 5 months ago, therefore I believe is now a Periodic Tenancy .

    Under this type of agreement I believe that I should have been served a section 21(a).

    Therefore, my question is, is this notice valid, or must it be re-served under the correct section? (therefore notice period being 2 months from the new section 21)

    Furthermore, this was served at 9pm on the day prior to the rental day - giving me the absolute Minimum notice and late in the evening - is this valid?


  • #2
    A 21(1)(b) could be considered valid although it should have been a S.21(4)(a). You could challenge it if you landlord wants to regain possession through the courts. Lots of posts on this subject on the forum. Use keyword in your search.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      You are almost correct, your landlord should have issued a section 21(4)(a) notice under the Housing Act 1988.

      Now that you know your landlord requires possession, whether validly served or not, do you intend to vacate voluntarily or wait for a court order?

      Comment


      • #4
        Hi Poppy,

        I am currently in the process of buying a house, so my issues is i'm solely reliant upon a Solicitor and Mortgage company. I had hoped my landlord and i would be able to come to an amicable situation, however as he has a new tenant waiting he doesn't want to lose them, which i understand.

        My issue is if i cannot complete prior to this eviction date i'm left homeless.

        As the failed 'human' approach didn't work, i'm now reliant upon the legality of his notice.

        All i need is a little leway from him, for which i'm wiling to pay for.

        Failing that i will need to rely on the law to ensure i can remain in the property until my house purchase completes.

        in addition i have a disabled wife for whom i care - which is why it's not as easy as just moning out for a month.

        Any advice from anyone appreciated...? (including that on the time in which the notice was served (9pm)

        Comment


        • #5
          I'm sorry to hear of your situation, which sounds frustrating for you and your wife.

          I do not think the time of day the notice was served would be terribly significant if push came to shove. However, you could perhaps 'buy' yourself a little more time by writing to your LL and advising him that it is your understanding that his section 21 notice was incorrect and if he were to rely upon it in court, it may be thrown out. Stress that you feel you have tried to come to a mutually agreeable arrangement with him over moving out, but that you are not prepared to put unnecessary stress on your wife at what is already quite a stressful time for you both, therefore, you cannot guarantee that you will be able to move out on the day his current section 21 notice expires.

          On receiving this he could do one of these thing s:
          (i) ignore it and press on with an application for a court order if you do not move out (this may or may not succeed, I don't know)
          (ii) take heed of it and re-issue his section 21 correctly, which gives you another two months at least
          (iii) re-open negotiations with you

          Good luck.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


          • #6
            Thanks for the advice 'Mind The Gap'.

            Letter sent today. - i'll see how it goes.

            Comment


            • #7
              You will not be homeless just because a (correctly-served) section 21 notice expires, the landlord must still obtain a court order. You will remain at the property for a while longer after the notice has expired, just keep paying your rent. Hope the purchase goes swiftly.

              Comment


              • #8
                A county court judge advised me that the law does not specify the format of the section 21 notice - all that is needed is a letter specifiying that the tenant is requested to vacate after a certain date which must be correctly specified. "I cannot guarantee that my colleagues will accept this," he said, "but I will - your dates are correct so I will grant your possession order."

                P.P.
                Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                Comment


                • #9
                  What about where the rental date has ben changed, and formally agreed in writing?

                  Would that affect the dates to go on the section 21. (Not a new agreement, just an agreement to change the rental payment date from say 14th of month to 17th of month.

                  Clutching at straws..?

                  Comment


                  • #10
                    Originally posted by CBrad View Post
                    Please help!

                    I have a situation whereby I have been served with a Section 21(1)(b)

                    My tenancy agreement was a AST, which ended about 5 months ago, therefore I believe is now a Periodic Tenancy .

                    Under this type of agreement I believe that I should have been served a section 21(a).

                    Therefore, my question is, is this notice valid, or must it be re-served under the correct section? (therefore notice period being 2 months from the new section 21)

                    Furthermore, this was served at 9pm on the day prior to the rental day - giving me the absolute Minimum notice and late in the evening - is this valid?


                    UPDATE

                    FYI - Situation came to a close today as Agent Served a reNEWed Section 21 (4) (a) with a fresh 2 month notice period. - All i needed!

                    I now have until Mid Jan for my house purchase to go through, which should be ample time. - Thanks everyone for your advice, it seems to have worked.

                    Comment


                    • #11
                      Good news. That's a weight off your mind over the Bank Holidays, too.
                      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


                      • #12
                        glad thats all sorted.
                        As someone else mentioned for notice to be served correctly there doesn't need to be any mention of the housing act, the correct procedure just has to be followed.

                        Comment


                        • #13
                          Originally posted by chappers2341 View Post
                          For notice to be served correctly there doesn't need to be any mention of the housing act, the correct procedure just has to be followed.
                          It depends. That's true re s.21 Notices; but untrue for s.8 Notices.
                          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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