Is this a valid Section 21 notice?

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  • Is this a valid Section 21 notice?

    Hello everybody,

    Firstly, thank you to all the people who've contributed to this forum - this kind of advice seems hard to find and I'm very grateful for the number of queries I've been able to clear up as a result of visiting here.

    This question is from a tenant's perspective. We are in a fixed term AST due to expire on 1 April 2007. We have received the following email, dated 6 February 2008, from the letting agent:
    "You now have the choice of either renewing the Tenancy Agreement at rent increase of £60 per week or accept this email as two months notice to vacate the flat on 6 April 2008."

    No other notice to vacate has been given. We are happy to accept email notices as being 'in writing', as most of our communication has been done this way in the past.

    The question is: does this consititute a full and valid S21 notice, or would they have to issue something a little more definite? It seems unlikely to me that this could be a valid S21 notice because it is conditional in nature, but I would appreciate any insight.

    And a follow-up question:

    When we last renewed the tenancy for a period of a year, we ensured that the 'renewal memorandum' included the right for us to terminate the tenancy with 30 days notice, as opposed to the 60 days in the original agreement. If we renew again we understandably want to keep to the same terms, and I have written to the agent to ask confirmation that existing terms will apply (i.e. only the rent will change).

    However, the agent may not get back to us on this for a while yet. If he replies, say in a week's time, and we decide not to continue the tenancy, would they still be entitled to expect the property to be vacant after 6 April as if notice had been served two months earlier?

    I appreciate that I may be asking the same question twice, but am not sure yet!

    Thanks again for all your help.

  • #2
    1. The e-mail is inadequate. It cannot count as s.21 Notice because it lacks the required wording.
    2. So you need to decide whether you want;
    a. to stay and pay extra £60 p.w.; or
    b. to leave. If so, you can leave freely on 1 April (day when term expires). L/agent cannot force you to go, whether then or later, unless a s.21 Notice is served.
    3. Renewal last year: was the 'memorandum':
    a. a new self-contained AST; or
    b. a supplementary document, bringing forward the previous document's provisions?
    4. If you leave on 1 April, NO notice (either 30 or 60 days') is necessary on your part.
    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).

    Comment


    • #3
      Also do check your paperwork to make sure they didn't issue a proper section 21 near the beginning of your tenancy. I know you say "no other notice has been given" but it's possible that a notice issued nearly a year ago may have slipped your mind. A lot of agents do that as standard so if they did, then their email can be taken as just a courtesy reminding you of your obligations to leave rather than as a seperate notice.

      Comment


      • #4
        Originally posted by Surrey View Post
        Also do check your paperwork to make sure they didn't issue a proper section 21 near the beginning of your tenancy. I know you say "no other notice has been given" but it's possible that a notice issued nearly a year ago may have slipped your mind. A lot of agents do that as standard so if they did, then their email can be taken as just a courtesy reminding you of your obligations to leave rather than as a seperate notice.
        Is it not possible that the original notice is now void due to the landlords conflict of intent, in so much as he/she has stated in a legal notice that he/she wants the property back but has now changed his/her mind and is offering the tenant a further tenancy?

        Following his/her written offer of a further tenancy should he/she not issue a new s21 should he/she change his/her mind again and want the property back?

        Comment

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