Has L messed-up Notice and can I therefore remain as T?

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    #16
    Originally posted by quandry View Post
    I see that a section 21 notice is not a notice to quit and ll possibly will not persue now but still have a notice which some judges would see as valid. Just spoke to LL now and to answer previous q's really just wants to allow me more time to look as now only 4 weeks to leaving date if current notice valid.
    The notice expiry date is NOT a "leaving date". It is merely the date after which the LL is entitled to apply to the court for possession *if* she wants to. That's it.

    LL basically saying she wont evict unless she has to is just worried about me living there and her taking rent so I have a new tenancy after written end date.
    I repeat: the notice is NOT a notice to quit. It does NOT end the tenancy you have now. There will not be a "new tenancy" after the notice expires; the existing periodic tenancy will continue exactly as before.

    I note you say that we both want me to stay so what are we worried about but she is an elderly lady and wants assurity ( other than my good word!) that she is not opening herself up to hassle later!
    I didn't ask what you're worried about; I said you are both worrying about nothing. If the landlord needs assurance of this, then she should seek legal advice from a specialist landlord and tenant solicitor.

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      #17
      sorry westminster I kknow I am being abit bumb and accept that my landlady should be seeking legal advise but she is trying to help me.

      Note my deposit is not in a protected scheme ( original agreement 2000)


      I feel that I am sending you round in circles!



      final questions ( promise): What ends the periodic tenancy ? I have a letter from LL giving me 2 months notice to quit my property . As aleady said she is happy to withdraw and reissue at a later date !

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        #18
        Originally posted by quandry View Post
        s

        final questions ( promise): What ends the periodic tenancy ? I have a letter from LL giving me 2 months notice to quit my property . As aleady said she is happy to withdraw and reissue at a later date !
        Nothing can end the periodic tenancy other than a court order or you surrendering it. You do not have to move out on it's expiry, the landlady does not have to take possession proceedings. Providing you are both happy for the tenancy to continue as a SPT all you have to do is pay the rent, all she has to do is accept it. You are reading too much into this notice, ( that shows you as a good law abiding tenant). If you could afford to why not offer to do some of the more pressing work in exchange for a slightly lower rent?
        If you do of course make sure everything is in writing.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #19
          Originally posted by quandry View Post
          my deposit is not in a protected scheme ( original agreement 2000) does this effect the validity ?
          If there has been no renewal of the fixed term since 6th April 2007, then deposit protection doesn't apply.

          I have a letter from LL giving me 2 months notice to quit my property
          This is a little frustrating, as I've told you about three times now that the letter is not a notice to quit. Even if the letter says "I give you notice to quit" it's still not a notice to quit, because legally a landlord cannot give notice to quit to an assured shorthold tenant, and cannot end the tenancy that way.

          Either way would really appreciate confirmation of : If LL writes stating that she withdraws her notice / allows an extension to notice etc. Does the existing periodic tenancy run ?
          It makes absolutely no difference whether the landlord withdraws the notice or does not withdraw the notice, the existing periodic tenancy continues regardless.

          What ends the periodic tenancy ?
          The tenancy continues until it is legally ended; either by:
          • landlord serving a valid s.21 notice* giving tenant at least two months' notice of their intention to apply to the court for a possession order, then, after notice expiry, applying to the court, obtaining and enforcing the possession order (the tenancy continues right up until the day the bailiff enforces the possession order), OR
          • tenant giving notice to quit (the tenancy continues until the date the tenant's notice expires), OR
          • both landlord and tenant signing a Deed of Surrender (the tenancy continues until the date mutually agreed for the surrender)


          * LL may also serve a s.8 notice if the T is in breach of contract, e.g. not paying the rent, and then apply to the court for possession after notice expiry, etc.
          Last edited by westminster; 29-09-2010, 12:55 PM. Reason: Added the bit about s.8

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            #20
            Originally posted by westminster View Post
            Tenancy periods begin on the day after the fixed term expired and are based on the frequency of rent payments (e.g. monthly, weekly) not on the date rent is due.
            Thread creep, but for my own information in case I have to do down this road in the future, won't the "day after the fixed terms expires" and "date rent is due" usually be the same day?

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              #21
              Originally posted by gwiddicombe View Post
              Thread creep, but for my own information in case I have to do down this road in the future, won't the "day after the fixed terms expires" and "date rent is due" usually be the same day?
              Not always. Sometimes landlords and tenants may find it more convenient to adjust 'rent due' date to suit when salaries are paid. The important day to remember is when the tenancy actually started. That will govern the dates put on notices etc.
              I offer no guarantee that anything I say is correct. wysiwyg

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                #22
                Originally posted by jta View Post
                Not always. Sometimes landlords and tenants may find it more convenient to adjust 'rent due' date to suit when salaries are paid. The important day to remember is when the tenancy actually started. That will govern the dates put on notices etc.
                Thanks for the info. I haven't had to go down this route before, and am just preparing myself as I think I may have to in the near future.

                Is the "Section 21 Notice (Possession)" form off of the http://www.landlordzone.co.uk/agreements_registered.htm page a suitable S21 notice that can be used?

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                  #23
                  Originally posted by gwiddicombe View Post
                  Thread creep, but for my own information in case I have to do down this road in the future, won't the "day after the fixed terms expires" and "date rent is due" usually be the same day?
                  Yes, often they will be. But it's not unusual for the days not to coincide, as in the example I used in post #14

                  Originally posted by westminster View Post
                  E.g. A term commencing 14th January, expiring 13th July 2010, rent payable monthly in advance on the 1st of the month; the tenancy periods would be 14th - 13th of the month as from 14th July 2010, and the s.21 notice would have to expire "after 13th [month]".
                  with tenancy periods 14th - 13th but rent due on the 1st of the month.

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                    #24
                    Can I just check - is the "Section 21 Notice (Possession)" form off of the http://www.landlordzone.co.uk/agreements_registered.htm page a suitable S21 notice that can be used? Do you literally print it out and send it off using the guidelines?

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                      #25
                      Originally posted by gwiddicombe View Post
                      Can I just check - is the "Section 21 Notice (Possession)" form off of the http://www.landlordzone.co.uk/agreements_registered.htm page a suitable S21 notice that can be used? Do you literally print it out and send it off using the guidelines?
                      I've never been able to access the documents section on this website. But yes, you just fill it in and send it off - keep a copy and get proof of service.

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                        #26
                        Originally posted by westminster View Post
                        I've never been able to access the documents section on this website.
                        I could when I first joined the forum, then suddenly I couldn't for ages. But recently I've been able to access it again. Try registering again.

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