Issued with a Section 21 notice, but not given two months notice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Issued with a Section 21 notice, but not given two months notice

    Hi,
    I am living in a flat on a 12 month assured shorthold tenancy, which began on April 13th this year.

    The tenancy has a break clause which says that either the landlord or the tenant can give two months notice after the first six months and it doesn't say that the notice expiry has to coincide with a rental payment date.

    The landlord has issued me with a section 21 notice, which is dated October 10th, and has an expiry date of December 13th.

    However, he served the notice by hand yesterday (October 19th) and had me sign and date a receipt.

    Even though the expiry date is December 13th, am I correct in thinking that I have two months from the date of service instead? If so, does that mean that I actually have to vacate on December 18th (or 19th)?

    Any advice would be very helpful and much appreciated.

    #2
    I advise you to ask him to serve a valid notice if you want a valid notice with a proper date on it.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thanks very much.

      Does that mean that you feel the notice currently isn't actually valid?

      I initially assumed that the notice period would simply start on the day of service, and expire two months later, regardless of what the expiry date on the notice is.

      Comment


        #4
        The notice was served on the day it was served, i.e. 19th October. An expiry date of 13th December means, therefore, that the notice is invalid if the break clause says that the notice must give the tenant at least two months.

        Even if the notice were valid, it would not oblige you to vacate. If the notice were valid, then its effect would be to end the fixed term tenancy at notice expiry, and to entitle the LL to apply for a possession order. However, if an AST tenant is in occupation at fixed term expiry, then a statutory periodic tenancy will automatically arise, (a.k.a. rolling contract), replacing the fixed term tenancy. In other words, the tenancy effectively continues.

        The only way that the LL may unilaterally end your tenancy is by serving notice under the break clause (and under s.21 - the two may be combined in a single notice), and then, after the notice expires, applying for and obtaining and enforcing a court order for possession.

        Comment


          #5
          Originally posted by bandontherun
          I wonder why the landlord gave notice? Perhaps the landlord has him or herself given notice on some other premises and will be willing to pay the OP for Vacant Possession!
          As far as I understand, he will be moving into the property.

          He was working away, and I believe that he initially planned to be away for an extended period of time, but is now moving back and wants to move into the flat himself.

          Comment


            #6
            Originally posted by bandontherun
            No, no if the OP doesn't wish to vacate...!
            You read my reply, and answered something else entirely.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment

            Latest Activity

            Collapse

            Working...
            X