Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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Thread: Notice to Quit

  1. #1

  2. #2
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    Default Re: Notice to Quit

    No there doesn't need to give a reason, and why does she give her a NTQ after every 12 months. The contract just changes to a different type, of which the name escapes me at present!

    Seems a weird state of affairs!


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    Default Re: Notice to Quit

    A periodic.

    Nothing 'weird' about it. Starting a new agreement when the old one runs out gives the tenant a little extra security to remain in the property and the LL the security to know they have a rent (maybe!) paying tenant.


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    Default Re: Notice to Quit

    Sorry she only got NTQ on 30th/31st

    She been given section 21(1)(b) everytime she signed a 12 month assured shorthold tenancy agreement.

    Is this the correct way to do it as the NTQ does not have section21 on it, is that correct?


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    Default Re: Notice to Quit

    I suppose I can see that, just never come across something like that before, which makes it weird to me.

    Thanks for the name.


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    Default Re: Notice to Quit

    Quote Originally Posted by mmmm35 View Post
    Hi,
    I'm hoping someone can help me my mother has been given a notice to quit on 30th/31st August 2007 giving her till the 4th Nov, after looking over her paperwork i noticed they have been giving her a section 21 everytime she signed a 12 month assured shorthold tenancy agreement (last one she signed was 5th Nov 2006) since she been living there is this a normal thing to do?

    Also does there need to be a reason why she was given notice to quit?
    My 2p worth.

    Agents like to earn commission every year, so they tell landlords and tenants that a new contract is required each year. To terminate the old contract (even at the end of the fixed term) a section 21 is required. When I used to rent, the agent used to send it with the tenancy renewal documents presumably so they wouldn't forget to do so later.

    Presumably they've issued this second one to say "This time we really mean it".


  7. #7
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    Default Re: Notice to Quit

    The section 21 given at the start of the AST should state that possesion is required on or after the 4th November and should refer to section 21 1b.

    The notice she has recieved now (on the 30/31st) should give her a full 2 months notice to leave, ending on the end of the fixed term i.e. the 4th November.

    All looks in order from what you have posted.

    Steve M - I dont think a section 21 is required for a new AST. A new AST can be served at the end of the old and it automatically stops a periodic tenancy arising. Theres no requirement for a section 21.


  8. #8
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    Default Re: Notice to Quit

    Quote Originally Posted by mmmm35 View Post
    Sorry she only got NTQ on 30th/31st

    She been given section 21(1)(b) everytime she signed a 12 month assured shorthold tenancy agreement.

    Is this the correct way to do it as the NTQ does not section21 on it, is that correct?
    Kind of unofficially known as the "sword of damocles" in the industry. Basically means that eviction can occur quicker once it is decided to evict, as the two months notice has already been served. However, it is not actually valid to do it this way - long debate, but basically if you serve one without the intention of following it through, the notice becomes invalid.

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

    Please click the star if I have helped!!

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    Default Re: Notice to Quit

    Thank you for your advice, what happens if my mother refuses to go?


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    Default Re: Notice to Quit

    Quote Originally Posted by Planner View Post
    Steve M - I dont think a section 21 is required for a new AST. A new AST can be served at the end of the old and it automatically stops a periodic tenancy arising. Theres no requirement for a section 21.

    Yes I understand that. I assumed that the section 21 was issued early to preempt the possibility that the landlord may not wish to renew.

    I'd also be interested in the answer to what if the original poster's mother doesn't move. I'm planning to sell my original home in which I have an awkward tenant who is likely to have access to legal aid, and expect to terminate the contract in the next few months.

    (Apologies, just realised this might come across as being offensive to the original poster, I'm sure that unlike my tenant, your mother doesn't keep breaking my house and denying it's her fault!)


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    Default Re: Notice to Quit

    ..


  12. #12
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    Default Re: Notice to Quit

    ..


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    Default Re: Notice to Quit

    Quote Originally Posted by Steve__M View Post
    (Apologies, just realised this might come across as being offensive to the original poster, I'm sure that unlike my tenant, your mother doesn't keep breaking my house and denying it's her fault!)
    Steve_M no offense taken



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