Shorthold tenancy

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    Shorthold tenancy

    My son signed an AST nearly 6 months ago and has had no issues with the landlord, the landlord said 3 weeks ago that she needs the flat back for her daughter to stay in and would not be renewing the agreement, she siad she would pop the letter of notice round but she hasn't and now the end of the 6 months is a week away. A couple of questions, if she says she has delivered it and yet he hasn't got it, how to prove notice is served?, secondly, in the agreement it states 2 months notice needs to be given so if no letter has been sent, is it 2 months from the time of the letter or does the tennancy finish after 6 months. This was a standard AST, no dates for ending the greement are in the agreement. She has said she will give a referance but can't find a suitable flat as yet, where does he stand as i think that the landlord has to give 2 months notice in writing?

    #2
    The landlord has to serve a minimum of 2 months notice (if this is after the fixed term then matters alter slightly). The method of service should be laid down within the AST, or if there is nothing within it the landlord must serve it personally on your son. The landlord's letter must contain certain information as per S.21 Housing Act 1988. There is a tremendous amount of information concerning the service of notices on this site and you should go via the home page. Until your son receives a valid Notice then he doesn't need to worry. He should also check whether he has been furnished with all the documents required concerning his deposit, as any S.21 Notice would be invalid if he doesn't have this.

    Also check all the other posts on S.21 as there are literally hundreds.
    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
      This page explains the landlords options, and they give your son plenty of notice to find somewhere new. http://tenancyanswers.ucoz.com/index/being_evicted/0-21

      It is a sad fact that tenants have minimal guarantee of tenancy. If son signs an agreement tying him to a place for X months, then the landlord reciprocates by guaranteeing the places availability for that same period. After all, it is a shorthold tenancy.

      Comment


        #4
        Ok so 2 months notice is ok but my son says the landlord has not delivered the letter to him but only told him via a text message, how do people prove they have served correct notice, if the landlord says he has given a letter 2 months ago and my son says he hasn't, then how does that get resolved.

        Originally posted by Snorkerz View Post
        This page explains the landlords options, and they give your son plenty of notice to find somewhere new. http://tenancyanswers.ucoz.com/index/being_evicted/0-21

        It is a sad fact that tenants have minimal guarantee of tenancy. If son signs an agreement tying him to a place for X months, then the landlord reciprocates by guaranteeing the places availability for that same period. After all, it is a shorthold tenancy.

        Comment


          #5
          Thanks for the link, very useful page, i paid his deposit of 1 months rent and have received nothing from the landlord about this. So am i right in thinking that even if notice was served, it is invalid as i haven't received the correct info from them about the deposit or it has not been returned to me before them serving a section 21 ?.

          Comment


            #6
            Yes you're right!
            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


              #7
              Well, it is the tenant who should have received the information, where he got the money from is largely irrelevant. In certain circumstances the provided does have to be provided with the info, so you could try it as a defence to an otherwise valid s21, but it would not be a strong defence. If you were nominated as the tenant on the agreement, that may be a whole new ball game. If you are the named tenant (not son) then the following does not apply.

              However, in essence your post 5 is correct, but worth noting the 'prescribed information' can be provided and the section 21 served seconds later.

              The deposit protection issue does give you some options as even if the deposit is returned and/or the information provided the tenant could still potentially sue him for a penalty payment. It is expnsive to do, so usually impractical, but it is possible.

              This may shed further light on the situation http://tenancyanswers.ucoz.com/index..._protected/0-4

              Comment


                #8
                On the basis that the information is supplied and then a section 21 given, how much time needs to be given on the S21 considering that the AST 6 months is up next week, is it 2 months from day of S21 or does it mean he has to be out next week??


                Originally posted by Snorkerz View Post
                Well, it is the tenant who should have received the information, where he got the money from is largely irrelevant. In certain circumstances the provided does have to be provided with the info, so you could try it as a defence to an otherwise valid s21, but it would not be a strong defence. If you were nominated as the tenant on the agreement, that may be a whole new ball game. If you are the named tenant (not son) then the following does not apply.

                However, in essence your post 5 is correct, but worth noting the 'prescribed information' can be provided and the section 21 served seconds later.

                The deposit protection issue does give you some options as even if the deposit is returned and/or the information provided the tenant could still potentially sue him for a penalty payment. It is expnsive to do, so usually impractical, but it is possible.

                This may shed further light on the situation http://tenancyanswers.ucoz.com/index..._protected/0-4

                Comment


                  #9
                  Originally posted by swampydrill View Post
                  On the basis that the information is supplied and then a section 21 given, how much time needs to be given on the S21 considering that the AST 6 months is up next week, is it 2 months from day of S21 or does it mean he has to be out next week??
                  Don't worry, a landlord's notice is never a case of 'being out next week'. Once the deposit is protected and a s21 is correctly served, it will give a minimum of two months' notice to end at the end of a tenancy period. (In the case of a statutory periodic tenancy as will be the case with your son's tenancy*, the first tenancy period starts the day after the fixed term ends and runs for one month. The second starts the day after that, and so on).

                  If your son fails to vacate, the LL must apply for a court order for possesion, which can takes weeks if not months.

                  * Your son's tenancy will become a statutory periodic one by default the day after the end of the fixed term.
                  '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

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