Section 21 problems

[alaphent]

Hi,

 

My current tenancy ends on 17th of July and I've just today received this:

 

**********

 

Assured Shorthold Tenancy: Notice Requiring Possession:

 

Periodic Tenancy

 

To: *my housemate and I*

Of: *our address*

 

From: *our landlord*

Of: *his address*

 

I/we give notice that I/we require possession of the dwelling house know as *our address*. After the end of the period of your tenancy which will end on the 17th July 2012

 

Dated the twenty eightth day of May, two thousand and twelve

 

Signed, either by, or on behalf of, the Landlord Date: 28/5/12

 

Signature of Landlord (no printing of name afterwards)

 

**********

 

This is verbatim, complete with shoddy spelling and grammar. Apart from the period of notice not being 2 months, is there anything else I need to query? Oh and the original 12 month contact gives the end date as 17 July 2011, one day before the contract started - only noticed that today.

Thanks for any help.

[The Carpet Cleaners]

1 day before AST started is normal, however LL must give you 2 months notice, so 17th August would be the final day of the notice.

However Section 21 is NOT a notice for you to move out, it is only a notice that LL seeks to seek posession of the property.

 

Was there a deposit?

If so was it correctly protected?

[mariner51]

"LL must give you 2 months notice, so 17th August would be the final day of the notice." - Incorrect IMO

If we assume this is a valid s21, served during fixed term, (21b), it will expire 2 months after service, but not before end of fixed term. So if OP received it today (31st) it will expire 31st July, ie after the end of fixed term on the 17th July.

 

OP Notice only says LL may seek possession after 17th July, provided he does not seek possession before the 31st, then quite OK. It may only be a 'precautionary' Notice, as it will remain valid for duration of T even when SPT.

You can vacate T ON last day of fixed term, without Notice, if you wish, but best to give LL 1 month Notice if you want a LL ref. As CC says s21 is not a Notice for you to move out (NTQ)

[Steve__M]

Agree with mariner that the notice requirements for a valid notice (Section 21(1) ) issued during the fixed term does not have to be related to a rent day. Two months' minimum is required before possession proceedings can be undertaken.

 

Assuming that the LL is aware of this, this notice would be a normal procedure for some landlords and most agents to make way for the issuing of a new tenancy agreement (though normally it is issued more than 2 months prior to the end of the fixed term).

 

If the LL is not aware (given the shoddiness of the notice it is possible), he may be expecting you to move out at the end of the fixed term.

 

Your options would be to hold out and see what happens, or to clarify with the landlord what his requirement is. What you do depends on whether you are looking to stay or leave I guess.

[raydetinu]

Is deposit protected? if not, then notice is not valid in any form!

[peacheylesley]

Is deposit protected? if not, then notice is not valid in any form!

 

I also received a Notice 21 back in April saying he wanted possession back on 28th August, but just after i signed a new tenancy agreement in February I had a letter from the deposit protection company saying that the LL had cancelled the protection of my deposit.I went mad with the letting agents who were very

rude and unhelpful they said that every LL did this to save money. I checked all the other companies and

my deposit is not registered anywhere. Does this mean that the notice 21 to quit is not valid and I can claim for compensation against the LL.

[raydetinu]

Suggest this moved to new thread!

Yes if the deposit is not protected then a S21 notice is not valid and the LL cannot take you to court for eviction.

Also you can sue the LL for the immediate return of your deposit and the judge may well award compensation as well.

[peacheylesley]

Thank you.You have made me feel a whole lot better. Can i get help on sueing him, I would like to start the ball rolling straight away, and knowing i wont

have to leave my home is a great comfort as i am unemployed at the moment.

[raydetinu]

speak to court about claims procedure, it will have to be through the county court system and will cost a bit, but if you win you will get that back.

even if he protects it now, you can still sue as he had until 6th May 2012 to do it and let you know. If he does not know it is not valid, dont tell him!

But once protected he can still issue S21 notuce, and will have to give a reason for doing so.

[peacheylesley]

Thank you raydetinu. You have been such a great help, especially as I live alone and did not realise the law on these things. I will get intouch with the

local county court and start the ball rolling, i will see if i can get legal aid to help with the financial side.

[jtayl]

It is very unlikely you will get legal aid to pursue this matter, be aware that the costs are likely to be in excess of £1000, if you win you MAY have those awarded to you, if you lose you may have to pay the landlords costs.

 

Since the 'localism' act is so new the law has not yet been tested and there are many people waiting to see how the courts interpret it.

[Steve__M]

One or two successful cases under the Localism bill have been reported on this forum.