NTQ Validity

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  • Snorkerz
    replied
    Originally posted by mariner View Post
    2. With weekly T min expiry for s21 is 8 weeks.
    No, still 2 months[/QUOTE]

    Originally posted by adzcriz View Post
    T started on June 4th 2010, Fixed 6mth Ast. with rent paid from commencement. rent was due every friday, was paid weekly, my landlord kept the rent book. My T states 2 weeks notice must be given, does that change in light of the S21?
    Original fixed term ran from Friday 4th June 2010 to Friday 3rd December 2010. Therefore, every rent period now runs from the following day Saturday to Friday.

    This means your section 21 notice must have an expiry date at least 2 months after service and expressed as 'after Friday xxth xxx 2012'

    The website is slightly wrong, it is not possible to serve a Notice to Quit on an assured shorthold tenancy. What you have been given is a 'Notice Seeking Possession' which is merely a notification that after the expiry date (hence the word 'after' in the expiry date) the landlord may seek possession of the property through the courts.

    This puts the tenant in a quandary, because it's not a notice to quit, so they haven't been told to go, so if they want to go, they still have to give due notice! However, if they don't leave on the expiry date, they could end up being ordered by the court to pay the landlords legal costs! Most landlords would accept you leaving on the last day of a valid section 21 notice without further notice. Your landlord obviously 'thinks' the s21 is valid, so he should be fine with you leaving on the 17th.

    '2 weeks notice' - from the landlord it is unenforceable whilst the tenancy is covered by the 1988 Housing Act.
    from the tenant - fine - the law states 30 days ending on the last (or 1st) day of a tenancy period. but it is fine for the landlord to agree to accept less.

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  • adzcriz
    replied
    T started on June 4th 2010, Fixed 6mth Ast. with rent paid from commencement. rent was due every friday, was paid weekly, my landlord kept the rent book. My T states 2 weeks notice must be given, does that change in light of the S21?

    In regards to the court order, i did some research, and it seems the LL wouldnt be granted a court order due to S21 being invalid, there is a couple of precedents where the S21 was dated 8 weeks from issue rather than after 8 weeks of rent periods and a judge, appeals and House of Lords rejected ont he grounds that the Act clearly states to expire at the end of a rent period, requiring LL to issue a new S21.

    nearly 2 months, well ive been lining up new places and im hopefully signing a new T, when i showed new LL the S21 to prove my availiablity she actually pointed out that it might be invalid due to dates earlier today, as i siad my main concern was with leaving on the date in the S21 (do i need to give notice of intent to leave on the date in the S21?) and it being invalid and it just being a nasty scheme by the LL to con my deposit from me, i wouldnt put it past him, (ive met some really great LL's in my time, but this one .. ugh)

    Also what is SPT, and i thought S21 was a NTQ i looked up http://www.tenancyagreementservice.c...ce-to-quit.htm which called it so, unless im just confused.

    the title of the S21 issued is as "Notice by the landlord requiring possession of a weekly tenancy after the end of a fixed term, Housing act 1988 Section 21"

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  • mariner
    replied
    1. LL Notice is not NTQ only notice that he will seek Court repo order at some time following expiry.
    2. With weekly T min expiry for s21 is 8 weeks.
    3. With SPT the Notice must be served (received) on/before the end of 1 T period and expire after 8 full T periods have elapsed. The expiry date given, should state 'after' actual date of last day of 8th T period
    If T commenced on a Fri & rent is due weekly, with first rent paid on commencement date, the T period is Fri to Thurs, so as you say Notice should expire 'after' a Thurs. IMO
    Weekly Ts like this are a nightmare for LL & TS as the fixed term is normally for x cal months, with SPT arising day after fixed term expires, so day 1 of SPT Tenancy period is day after fixed term expired, this may not be same day as rent due.
    So we need to know
    Date T commenced
    Fixed term of x months or any specified end date
    Whether rent was paid on commencement date & any subs changes to rent due date.
    I don't think you need a CAB letter at this stage as LL will have to get Court Order, which gives you an extra month or so t find a new place. You would have to give LL your NTQ of 1 clear week as per dates outlined above IMO.
    Why did you leave it nearly 2 months to seek advice?

    Leave a comment:


  • adzcriz
    started a topic NTQ Validity

    NTQ Validity

    i was served with a notice to quit and have been house hunting, trying to get dates to match up as closely as possible, when i noticed that the date on my notice to quit is halfway through my current rental period.

    It used to be a 6mth AST, rent paid weekly on a Friday, yet the NTQ ends on a monday. im worried that the NTQ is invalid due to wrong dates, if this is so, and i decided to leave on the date specified would i be in breach and liable for deposit deductions.

    Im Told that im now on a Weekly Periodic Tenancy, Tenancy started on 4th June 2010 (ended Jan 3rd 2011)

    Full wording of the NTQ is as follows

    "I, Mr Daniel xxxxx, HEREBY GIVE YOU, Mr Adam xxx, notice that possession of Room X, XX Trevenson Street, Camborne, XXXX XXX is required by virtue of Section 21 of the Housing act 1988 after the seventeenth day of September 2012 (12/09/12)

    Dated This 23rd Day of July 2012"

    i was under the impression that it had to be dated the 20th which is a thursday, the day before my rent would be collected, and as its a weekly rental, is 8 weeks or 2 calender months required.

    ive X'd out a few thigns, just postcodes etc,

    personally i dont want to be here any longer than i have to, the LL is reknown in this area for bending rules, bullying, illegal entry and is thouroughly unpleasant to deal with, my first bad LL experience, usually i get on fine with them, he has one hell of an inferiority complex.

    if the general consenus says its wrong, il take it to CAB and get them to help me write up a response

    Thanks

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