Section 21 eviction notice. Help!

[henjen]

We are living in a house that was on a shorthold tenancy agreement which then became a periodic agreement as we were extending a month at a time. We have asked to extend until 16th Dec, one further month as the house we are buying completes just before then. The agent is now asking for a signed two month agreement which would take us to 16th Jan. Either that or she will serve a section 21 which would give us two months notice to leave. We are not scared of this as the agent is less than trustworthy and we are nervous to sign anything new with them. What we need to know that if we allowed that to be served and moved after one month instead of two could we be made to pay the other months rent or would the rent payed from now until 16th dec be enough?

[rbrears]

Check your tenancy agreement. I suspect that it will refer only to the fixed term and probably doesn't have a specific clause in it about the tenant giving notice. Under the tenancy you are obliged to pay rent for the whole of the fixed period. If as you say you are on a periodic tenancy then you are not obliged to give any particular notice at all to leave the property, although you would generally give a month as this is a rent period. You should write to the agent/landlord (before 16.11.07) and tell them that you will be moving out on 16.12.07 and there will be nothing that they will be able to do about it (except keep your deposit and argue with you, so maybe don't pay the last month's rent if they hold a month in hand - i know some will tell you (rightly) that you shouldn't strictly do this, but where you know the landlord is going to be difficult it is a legitimate tactic in my view)

[Planner]

Originally Posted by rbrears

Check your tenancy agreement. I suspect that it will refer only to the fixed term and probably doesn't have a specific clause in it about the tenant giving notice. Under the tenancy you are obliged to pay rent for the whole of the fixed period. If as you say you are on a periodic tenancy then you are not obliged to give any particular notice at all to leave the property, although you would generally give a month as this is a rent period. This is incorrect advice. No notice is required to end the FIXED term but notice is ALWAYS required for the tenant to end a periodic. You should write to the agent/landlord (before 16.11.07) and tell them that you will be moving out on 16.12.07 and there will be nothing that they will be able to do about it (except keep your deposit and argue with you, so maybe don't pay the last month's rent if they hold a month in hand Terrible advice at such an early stage. Pay your rent. ALthough I suspect you would have paid a month in advance already? - i know some will tell you (rightly) that you shouldn't strictly do this, but where you know the landlord is going to be difficult it is a legitimate tactic in my view)

Wheres your deposit help in a TDS (i.e. did you sign the original contract on or after the 6th April 2007?) If so it should be covered by TDS and wont be withheld for the above. If the original tenancy was pre-TDS then it might be withheld but would be recoverable through the County Court.

In terms of notice, what date did the fixed term end? If it ended on the 16th of the month then you can give one months notice on or before 16th November 2007 to move out 16th December 2007.

[rbrears]

I didn't suggest that notice was required during the fixed term. You are right that of course notice to end the tenancy should be minimum 4 weeks (but at least one rental period) if the tenancy is periodic.

You may think it is terrible advice to tell a tenant to withold the last month's rent. Believe me over the years I have seen hundreds of cases where people have paid their last month's rent and ended up going to court to get the deposit back off of a landlord with no business to keep it. What is the landlord going to do about it? It is the last month. All he can do is ask for it - if he has properly dealt with the exit inspection and hasn't tried to rip you off then pay him anything he is owed. Not terrible advice but a tactic to stop yourself getting ripped off. But as you say the deposit may be covered by TDS so not a problem.

Oh yes and make sure when you vacate that you take photographs of each room. Or a video. Or something. Don't just move out and expect the landlord to be honest about the state of the property.

[Planner]

Originally Posted by rbrears

I didn't suggest that notice was required during the fixed term. You are right that of course notice to end the tenancy should be minimum 4 weeks (but at least one rental period) if the tenancy is periodic.

Maybe not, but I think your inaccurate response warranted clarification for the original poster and anyone else on here wanting "advice" on notice periods.

No threats have been made by the agents/LL that the deposit will be withheld that we are aware of, so suggesting with holding rent is jumping the gun at this stage and could make a easily resolvable issue into a court case.

[Planner]

Originally Posted by rbrears

I didn't suggest that notice was required during the fixed term. You are right that of course notice to end the tenancy should be minimum 4 weeks (but at least one rental period) if the tenancy is periodic.

Ive just notice you have said this as well which is also incorrect. The notice period required is not a minimum of 4 weeks (28 days) its what ever the rent payment period is. In most AST this is monthly, so the notice period is one full calander month not 4 weeks (28 days). Anyone on a monthly AST that gives 28 days notice will have served an incorrect notice and will likley be liable for a further months rent after they have moved out.

To clarify, the notice period is one full calander month.