Section 21 eviction query

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    Section 21 eviction query

    Can anyone please help. We were served with a section 21 notice dated April 29 and asking us to leave our house by July 2 which we did. Now the agent says 8 days rent has to be deducted from our deposit - about £400. The reason they state is that the yearly tenancy was due to end on June 25th but they were late in getting the section 21 to us so, in order to get the 2 months' notice in,they told us to be out by July 2 so we stayed another 8 days. But we were not aware we were staying an extra 8 days, the agent did not mention it in their correspodence, neither did they say that if you want to leave on the proper end date June 25th we could. Surely the agent has a duty of care to inform us of the error regarding the late serving of the sewction 21 at the time they served the notice. This has caught us out because we really need the full deposit back. Are we liable for this 8 days extra rent if the problem was caused by the landlord/agent serving the section 21 late and then not informing us of that until after we left the house?
    Thanks for any help

    #2
    The section 21 was only 'served late' so far as their administration is concerned, legally it was served with a correct expiry date.

    As you occupied the premises for x months and 8 days, you are obliged to pay rent for x months and 8 days. It is not uureasonable for the agent to expect you to know when you moved in and what rent you had paid.

    Comment


      #3
      Was it a S21 (1)(b) that was served on you?

      This can be served anytime within the fixed term, must be a minimum of two months but, if served during the later part of the fixed term can finish at any time after it.

      It seems that you decided to stay on for a few days after the date the notice specified., you were entitled to do this because the S21 is not a notice to quit, it just allows the landlord to apply for a court hearing.

      However by this time you had entered into a periodic statutory tenancy and the landlord would have been entitled to a full month's rent from you. It appears he is only charging for the days you remained. The serving of the S21(1)(b) can be done at any time during the fixed term providing the deposit is protected.
      I offer no guarantee that anything I say is correct. wysiwyg

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