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section 21 (4)(a) advice


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Hi folks

 

Just after a bit of advice here as getting very confused in google world!

 

The gist of it is that we have just been served a section 21 notice dated 02/12/10, however on the 30/11/10 we signed a new lease which expires in july, the date of expiry on the section 21 is 26/02/11.

 

After searching around the web i have got the impression that this notice could not expire until the end of our lease??

 

Any advice would be appreciated

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If you are a tenant on an assured shorthold tenancy, who's landlord does not live with them, and the home you occupy has no business attached to it, and your deposit is protected, the chances are you are right.

 

So can you confirm:

 

That you are in England/Wales?

Have a look at the agreement you signed, does it say assured shorthold tenancy?

Does it state start and end dates, and does it also say something similar to 'a term certain of 6 months'?

Have you paid a deposit, and has it been protected? (if you dont know what this means, please dont ask the landlord as this may hinder you staying in the property, come back and we will assist)

Does your landlord live with you, or share any communal areas with you?

Edited by xoAmyox
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That you are in England/Wales? Yes

Have a look at the agreement you signed, does it say assured shorthold tenancy? i do not have a copy of the agreement, we go the letting agents and sign a new 1yr lease each time it needs renewing, it does say assured shorthold tenancy on the section 21

Does it state start and end dates, and does it also say something similar to 'a term certain of 6 months'? dont know

Have you paid a deposit, and has it been protected? (if you dont know what this means, please dont ask the landlord as this may hinder you staying in the property, come back and we will assist)# i have paid a deposit but do not know whether it is protected or not

Does your landlord does live with you, or share any communal areas with you? no

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You need to go and get a copy of the agreement from the lettings agency. This may be difficult, as ultimately they are paid by the landlord, and it is in their interests to keep the landlord happy. Its not unheard of for a LA to 'lose' bits of paperwork here and there.

If you get a copy of the agreement, you can then prove it was signed, and check the dates on it. The earliest that a section 21 notice can expire, is no less than 2 months after the date of service (assuming rent paid monthly) AND no sooner than the end of the 'fixed term' or the end date on your contract.

It is also not possible to serve a valid section 21 notice, if your deposit has not been protected in a government approved scheme (there are 3, mydeposits, DPS and TDS). Finding out if your deposit is protected could be quite important if you are unable to get hold of the tenancy agreement, as if they try to rely on this section 21, you will then have a solid defence to it. They can of course then protect the deposit and re-serve the section 21, but this will obviously take an absolute minimum of 2 extra months from them finding out.

Also, it is important that you know if you deposit is protected, so that should your landlord try to make any deductions from this deposit at the end of your tenancy, you have an arbitration service that you can use to help fairly decided if these are legitimate.

You should contact each of the 3 schemes to ask if your deposit is protected (whilst trying your best not to tip off the landlord or letting agent), this is simply a precaution to protect you against them trying to evict you unlawfully.

Finally,

can you post the wording of the section 21 notice (after removing all personal details), and confirm the date which your tenancy started, and the date of each renewal?

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