Is Section 21 valid?

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    Is Section 21 valid?

    Hi everyone.

    I have been served a Section 21 which comes to an end next week. I am in the middle of buying a house and I have requested a months extension, but could maybe do with 2 weeks. I gave 5 weeks notice before my tenancy was due to end but I was told the landlord has already sold the property. So I am a little bit stuck as to what I can do. Do I have to leave or can I refuse as it will make me homeless? Plus the landlord has not fixed anything I have asked for, due to the fact the property is sold and he will do it when I have moved out!

    Any advice would be much appreciated.
    Thank you

    #2
    The repairs are irrelevant.

    The notice you served is invalid.
    Write the landlord to tell him that you are unable to move until "x" date. He may apply to the court for possession, but you will be gone before the court order you need to leave.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thanks for the reply. Ok so here's all the questions!

      In what way is my notice invalid?

      Shall I write directly to the landlord or estate agent?

      When I stay, do I pay a full months rent or just pay for the days that I am there for?

      Thank you

      Comment


        #4
        In the fixed term of an AST no notice can be given by tenant or landlord to end the tenancy early. The tenancy has to run its course. On the final day you can move out with no notice.

        Write directly to LL and copy to agent.

        Technically, to be correct you should pay a full months rent as that is what will be in your original contract (I expect) -' to pay rent monthly without deductions' is often the terminology used. LL will take it from your deposit if you don't pay up.



        Freedom at the point of zero............

        Comment


          #5
          If the property has been sold, I would not pay any rent until you have been notified by the new owner/the old owner with what needs to be done about the rent payments.
          I would write to whomever has been managing the property to ask for a written update.

          You owe for a full month, but the landlord may be willing to pro-rata the payment in return for getting the property back earlier than when your rental payment runs out.
          If you still are in occupation when the fixed term expires, any valid notice you give will not expire for at least two months after your original fixed term.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            The notice would be valid if landlord accepted it as notice, ideally in writing.
            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


              #7
              Sorry. I read my original post and I seem to not have explained properly.
              I didn't give notice to leave. My landlord served me with a section 21 notice and 3 weeks into it I asked for an extension with 5 weeks left, for 1 extra month. He said he needs me out to enable him to decorate for the new owners. I have lived there for 3 years with an AST and have been on a monthly periodic tenancy for 2.5 years.
              My completion date for my new house is after the last day of the section 21 notice but I obviously cant move into the new house yet. So I need to stay but LL wants me out. Should I send a letter explaining my situation again to the LL and then just pay an extra month? Also, if I stay and he applies for a court order, does that affect my credit rating in any way?
              Thank you all for your advice

              Comment


                #8
                Please read post #5

                Originally posted by lola1 View Post
                Also, if I stay and he applies for a court order, does that affect my credit rating in any way?
                Thank you all for your advice

                No, you may be found liable for his £175 court costs though. The chance of this would be lessened if you were to show the court your written intention of vacating the property on "x" date.
                If he did get a judgement for the £175, and you pay it within 30? days, the landlord would not be able to register it as a CCJ.

                Originally posted by lola1 View Post
                He said he needs me out to enable him to decorate for the new owners.
                I have never heard of an owner decorating a property for the new owners.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Is Section 21 valid?

                  Good morning

                  Ok, so I asked for some advice last week regarding my Section 21 notice but now I'm not sure if its valid.

                  I started my tenancy on 26th June 2011, rent paid on 24th of each month, on 6 mth AST which is now periodic. I have been served a Section 21-4-a notice. I was served this on the 26th March with the LL requiring possession after the 25th May. Estate agents have made a check out appointment on that day.

                  My questions are 1- Are the dates valid? I thought it had to be 2 whole months and no less, and 2) I had already entered into another month as I had paid rent before they issued the notice. So should I have been given notice before rent came out or is rent nothing to with it?? and 3- Am I right in thinking the notice served is just to say that the LL is requiring possession and I am well within my rights to stay until he gets the possession order from the court.

                  Slightly confused on the whole situation.

                  Many thanks in advance for any advice

                  Comment


                    #10
                    Two related threads have been merged.

                    Lola1, starting a new thread on the same subject helps no one.
                    I also post as Mars_Mug when not moderating

                    Comment


                      #11
                      Didn't realise threads could merge!
                      I'll try again
                      Thanks

                      Comment


                        #12
                        Originally posted by Moderator2 View Post
                        Two related threads have been merged.

                        Lola1, starting a new thread on the same subject helps no one.
                        Think I need a little help!! How do I ask my new question without merging?

                        Thanks

                        Comment


                          #13
                          No, don’t try again, I merged the threads because the preference here is that discussion such as yours should be contained in a single thread.
                          I also post as Mars_Mug when not moderating

                          Comment


                            #14
                            Originally posted by Moderator2 View Post
                            No, don’t try again, I merged the threads because the preference here is that discussion such as yours should be contained in a single thread.
                            Ok, I understand now.

                            Thank you

                            Comment


                              #15
                              I have a feeling that you have missed the responses to your thread.

                              Originally posted by lola1 View Post
                              I was served this on the 26th March with the LL requiring possession after the 25th May. Estate agents have made a check out appointment on that day.
                              A week ago, you told us that the Sec 21 expired "next week".

                              Originally posted by lola1 View Post
                              Hi everyone.

                              I have been served a Section 21 which comes to an end next week.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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