Section 21 timings

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    Section 21 timings

    Background:
    Landlord emigrates to Oz, on a 4 year contract
    We start renting on the 21st Jan 2012, on a 12 month fixed contract
    Since July we have inquired about extending our tenancy, always told not a problem, will draw contracts nearer time etc etc. we requested 2 more years in September. Was told he landlord was pleased to hear how well we have kept the place, happy to continue renting to us.
    Cue a devastating phone call Friday eventing from letting agents saying Landlord is back fom Oz, for good, wants us out
    We really made it our home, was led to believe we could rent long term.
    We are a bit angry that this has been sprung on us so late, you don't just hop on a plane from Oz, it wold have taken a lot of decision making, planning, time, etc.
    We have 2 small children and a dog, so finding a new place is going to be hard, especially around Xmas

    We received our Section 21 today from letting agents

    It says require possession..... After 21/1/12

    Am I correct that as rent payment date is 21st of the month, our 2 months notice runs until 21st Feb 2012?

    Then they need a court possession order after that?

    We are not aiming to be awkward, but we cannot just magic somewhere to live.

    #2
    The 21st of January is less than 2 months from today. So the notice should be invalid. You don't have to do anything, the notice does not end the tenancy. Only a court order or your notice can end it. If they take this notice served today, to the court it will be dismissed and they will have to serve a new notice for at least 2 months later. That may take you to may :-) obviously sooner or later they will get you out, so it's advisable you start looking. Especially if you are interested in a positive reference from your landlord.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      How was the Sec 21 served? If by post, do you have the envelope, and does it have a postmark?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Originally posted by thesaint View Post
        How was the Sec 21 served? If by post, do you have the envelope, and does it have a postmark?
        It was recorded delivery


        So even though it says after 21/1/12 it's still invalid?

        I will of course be looking, possibly to buy, but could definitely do with extra time
        We were aiming to buy in 2-3 years ideally but this may force our hand

        Comment


          #5
          Originally posted by 10ant View Post
          So even though it says after 21/1/12 it's still invalid?
          Can you answer:

          Originally posted by thesaint View Post
          If by post, do you have the envelope, and does it have a postmark?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            plus, does the notice itself have an issue date?
            All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

            Comment


              #7
              Originally posted by MSaxp View Post
              plus, does the notice itself have an issue date?

              The notice is signed by the Agent on behalf of the landlord and
              Dated: 5/12/12

              the letter was posted 5/12/12 also (1st Recorded)

              Comment


                #8
                Good news is that the Sec 21 is invalid.

                If you need more time, then you have no legal obligation to point out that it is invalid.
                When time comes, you can either point out it's invalidity, or let them take you to court, and point out that it is invalid.

                They will then have to serve you a valid notice which will give you at least two more months.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  There is a request for me to sign one of the Section 21 notices (they sent 2 copies) and return to them. Should I do/not do this....?
                  Thank you

                  Comment


                    #10
                    I would do so, as it makes no difference.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      As it is invalid (I agree with the others view on this..) then signing it & returning it (unless it says "& I as tenant give notice also...") would not commit you to anything & may lull the daft & ignorant agent into a false sense of security.

                      In yours shoes I'd sign & return & await the request for a check-out inspection... and not leave...

                      If you want **free** qualified confirmation call Shelter's **free** helpline 0808 800 4444 see...
                      http://england.shelter.org.uk/get_ad...dvice_helpline

                      Only minor issue is do you want/need a reference ....

                      Silly landlord..

                      Silly agent... (My son had similar: It took 4 goes of pointing out {don't do it in this case...} to the agent that it was invalid before the light came on in his otherwise airy brain...)

                      Cheers!!
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        You can always sign as : I confirm it was received on the X date. Not suggesting you give your own notice to leave. Not that a notice to leave within the fixed term has any effect anyway.

                        Then start looking and in the begining of February tell them you received advice that the notice is invalid and they will have to serve a new one. even better, if you've already found a new place, you can just leave at the end of the fixed term and leave them to believe it was because of their notice. The LL will give you a good reference and you dont need to point out you had no obligation to leave
                        All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                        Comment


                          #13
                          Or do what my son did... "Your notice is invalid, this eviction is going to cost you time & money & go on for months: We will agree to leave on xx/Feb/2013 in exchange for written good reference NOW & one month's rent" (it worked in his case...).

                          If the owner is desperate to get back in it may be worth his while....

                          Others will think such an approach unfair & unreasonable...

                          Cheers!
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #14
                            Originally posted by 10ant View Post
                            There is a request for me to sign one of the Section 21 notices (they sent 2 copies) and return to them. Should I do/not do this....?
                            And I'm sure that they included a freepost or stamped envelope, didn't they?

                            Anyway, just ignore. It's not for you to do their job.

                            Comment


                              #15
                              Originally posted by 10ant View Post
                              Background:
                              Landlord emigrates to Oz, on a 4 year contract
                              We start renting on the 21st Jan 2012, on a 12 month fixed contract
                              ...
                              We received our Section 21 today from letting agents

                              It says require possession..... After 21/1/12

                              Am I correct that as rent payment date is 21st of the month, our 2 months notice runs until 21st Feb 2012?
                              Does the notice expire on 21st January or 21st February?

                              Comment

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