Landlord has served us with s.21 Notice- what do we do?

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  • Landlord has served us with s.21 Notice- what do we do?

    Hello,

    Me and my 3 other housemates has signed the fixed term tenancy agreement (for 6 months period) on 15th February 2007. Along with the agreement we received Section 21 Notice Requiring Posession - with the date of expiry 14th June 2007 (which is 2 months before ending of contract). All of us thought that it means that as the landlord wants a possesion of the house, we need to move out by 14th June 2007.

    We have already put the deposit for another house, to find out yesterday that we cannot leave until the end of contract which is 6 months long and should end on 14th August 2007. But we thought that when we received a notice with the clear date of 14th June 2007, it means we need to move out.

    I tried to read through Housing Act 1988 but cannot really understand what are the tenants rights, so maybe one of you could help.
    We put 850 pounds of deposit with another letting agent and we do not want to lose this money.

    I would really appreciate your advice as I really don't know what to do?
    Do we have any legal rights?

  • #2
    Originally posted by Kate80 View Post
    Hello,

    Me and my 3 other housemates has signed the fixed term tenancy agreement (for 6 months period) on 15th February 2007. Along with the agreement we received Section 21 Notice Requiring Posession - with the date of expiry 14th June 2007 (which is 2 months before ending of contract). All of us thought that it means that as the landlord wants a possesion of the house, we need to move out by 14th June 2007.

    We have already put the deposit for another house, to find out yesterday that we cannot leave until the end of contract which is 6 months long and should end on 14th August 2007. But we thought that when we received a notice with the clear date of 14th June 2007, it means we need to move out.

    I tried to read through Housing Act 1988 but cannot really understand what are the tenants rights, so maybe one of you could help.
    We put 850 pounds of deposit with another letting agent and we do not want to lose this money.

    I would really appreciate your advice as I really don't know what to do?
    Do we have any legal rights?
    Your tenancy does run until 14 August- it's just that the s.21 Notice has to be served (if at all) >2 mths. before then in order to take effect on term expiry date.
    Result: no need to move out in June.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Originally posted by jeffrey View Post
      Your tenancy does run until 14 August- it's just that the s.21 Notice has to be served (if at all) >2 mths. before then in order to take effect on term expiry date.
      Result: no need to move out in June.
      I read this as Kate80 wanting to comply with the S21 as it has made her put down a deposit on a new property... Does the agent changing their mind about Kate80 leaving mean Kate80 has to stay another month and lose the deposit? Surely Kate80 can comply with the S21 if she wants to even though it's dated a month too early and so invalid?
      ~~~~~

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      • #4
        IMHO Kate 80 can certainly move out two months early. She wouldn't have to but because the landlord has made a cockup in the dates on the notice she could certainly use this to he advantage and move out then the notice says. When the landlord attempts to sue for the final two months rent, then production of this notice should enable the judge to throw the court case out!
        Please note that I have said IMHO and also note my disclaimer below!

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


        • #5
          i am inclined to agree with P above. the S21 was clearly dated incorrectly and i am sure the court would uphold that S21 as is.

          My concern for Kate80 would be that the landlord may withhold the deposit as the last months rent and she would then have to seek recourse via the courts maybe for getting this back. not wanting to worry you of course.

          Did you go thru an agent for this? Is so it may be worth pointing this out and that you are looking to leave so at least if the landlord wants to re-let the place he can start to look sooner rather than later and try and mitigate any potential loss.

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