S21 notice to quit has been issued by my landlord incorrectly

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    S21 notice to quit has been issued by my landlord incorrectly

    I'm new to the forums, so I hope one of you bright sparks can help.

    I was issued with an S21(1)(b) notice to quit my current rented property on the 15 June. From trawling the internet it is my understanding that I should have been issued with a S21(4)(a) notice to quit as we are on a rolling contract and have been since March 2010. Is this correct and if so does that make the notice that he has served me null and void?

    I ask the above because I spoke to my landlord today (13 July) and told him that I would be moving out of the property on the 31 July, however my landlord has now said that we are still liable for the rent up to the 1st September which is the date of expiry on the S21 notice. Is this correct? I simply cannot afford to pay rent on two properties for a month and I have already paid the damage deposit and estate agent fees for my new property.

    It seems a little odd to me that I am moving out a month before his required date and that he still wants me to pay the months rent for August. He is saying that I should have given him a months notice, even though he has served me with an S21. He is being thoroughly unpleasant about the situation, so if I could mention that he had served me with the wrong notice would I be able to avoid paying his rent for August, during which i would not be at the property anyway?

    Any help would be greatly appreciated.

    #2
    What was the date your original tenancy agreement started?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      4th December 2009

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        #4
        A s.21 is not a notice to quit and doesn't end the tenancy; it merely entitles the LL to apply for possession after notice expiry. If you want to end the periodic tenancy, you must serve LL with a notice to quit, giving him at least one month and also expiring at the end of a tenancy period. So, in the circumstances, it doesn't really matter whether LL's notice is valid or not.

        If you answer the following questions, we can tell you when your NTQ should expire:
        Length of the term, and is an 'end' date specified?
        Is rent payable monthly/weekly etc?

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          #5
          Thank you. My rent is payable monthly and the end date/date of expiry is 1 September.

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            #6
            Originally posted by Fedup123 View Post
            Thank you. My rent is payable monthly and the end date/date of expiry is 1 September.
            I'm getting confused here.

            You say the fixed term commenced 4th December 2009, and that the tenancy became periodic as from March 2010.

            If the term expires 1st September 2011 it sounds as if the contract was renewed - ? In which case it's not a periodic tenancy, and you are liable for rent for the remainder of the fixed term up to 1st September.

            Comment


              #7
              Me too!
              If an AST (min 6 month Fixed Term) was effected on 1 Dec 2009 it cannont become a SPT until 1 June 2010, not Mar 2010.
              For SPT, LL is reqd to provide valid 2 clear rent periods Notice, to expire on day before next rent due, equally T is reqd to serve 1 month Notice, same conditions. It would be virtually impossible for T to serve validd Notice before expiry of LL Notice if LL Notice was served on 30th Nov. In this situation T is liable for rent until LL notice expires, even if he vacates earlier or until an earlier surrender of T is agreed

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                #8
                Originally posted by mariner View Post
                If an AST (min 6 month Fixed Term) was effected on 1 Dec 2009 it cannont become a SPT until 1 June 2010, not Mar 2010.
                There is no minimum term for an AST.

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