Letting Agency served me with a Section 21

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    Letting Agency served me with a Section 21

    I'm having a few issues with my letting agency. Basically i've been living in this house since the 25th of February 2004. I first signed an Assured Shorthold Tenancy agreement for 6 months.

    After 6 months, they asked me if I wanted to sign a new one and that would be £70. I was a bit unhappy about paying £70 for a piece of paper and just wanted just to carry on on my current contract which would have become a periodic one. I suddenly was made redundant, so decided to pay up, but managed to convince them to make it a 1 year contract. This contract is similar as the one I signed except that at the end of the 6 months, I or the landlord can give 2 months notice.

    The contract came up for renewal again and once again, I made it known that I was unhappy paying £70 and I wanted to carry on on the current contract. The agency told me the landlord wouldn't agree to a periodic which I do not think is true as we had discussed this previously, but I can't get hold of them for the moment as they are on holidays. The agency also told me that if I didn't agree to sign a 6 month contract, they would assume I would want to leave.

    And, sure enough, On the 27th of June I received notice for the 25th of August. My questions are the following. For simplicty's sake, let's assume I can't get hold of my landlord.

    Even though the contract expires on the 25th of August, are they not required to give me 2 months notice, which would push this into the 25th of September?

    The date on the Section 21 paper is wrong. They hand delivered it on the 27th of June, but it says 25th of June. Does this make the notice invalid? If it does, am I required to let them know? or could I wait, say until one week before the eviction date and let them know that it is invalid?

    Also, there are actually a few houses we like, but they are available immediately. Since they have given notice, can we turn round a give 1 month notice? I've heard it is possible, but I'm not sure how true this is.

    I know it's only £70 and it would be cheaper to pay up and shut up, but I hate being ripped off. Also, since we would be signing 6 months contracts, we would effectively lose any flexibility if we wanted to move on at a later date.

    Sorry for rambling for so long and thanks for your help.

    #2
    Wait until your landlord is available and talk to him direct and find out if he is amenable to you going 'periodic' as you say. If so, then if I was that landlord, I would hit the roof if I found out that my agency was evicting an otherwise satisfactory tenant for not wanting to pay an agency for an AST renewal.

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      #3
      I agree with lobster boy, I am almost certain that the agent here is not acting on the instructions of the LL.

      They must provide you with 2 months notice, if the notice is given from within the fixed period it does not have to end on a rent day.

      issuing notice on the 25th June to end 25th August would be correct, except it was delivered two days late !

      Zoe

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