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reddeviljohn

Tenancy agreement & Section 21 Notice

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Hi, I have been at my current flat for 4 years and every year get a 1 year extension, the term terminated on 7 Dec but our rental cycle means I am covered until 6 Jan, anyway it had been mentioned by the landlord that this time they would not be giving me the same term due to personal reasons which I put down to them wanting to sell and I thought I would get a 6 month term but bang on 3 Dec I get a section 21 notice telling me they require possession after 7 February. After looking at the contract there are special conditions on there saying the landlord and tenant need to give 2 months notice when leaving. As it happens I have found a new flat available 7 Jan but the landlord says I need to give 2 months notice so I would like to know what my legal position is? As I would have thought those 2 months would be while the term was still valid not after it has expired? do I move to my new flat and have to pay my current landlord 2 months rent while not living there or risk them trying to take it from my deposit via deposit protection scheme?

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depends, need to know if you signed a new AST agreement every year, when date started, contract end date etc.

LL has to give you 2 clear months notice for repossession, you do not have to give any notice if you leave on contract end date.

If AST has gone periodic, i.e. contract continues after end date you have to give LL one month clear rent period notice.

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A new one each year year dated 7 Dec 2011-7 Dec 2012, it has not gone periodic yet as our rent cycle will finish 6 Jan, the LL has given us 2 months notice for repossession but they are stating per special conditions on the contract which they have written on there that 2 months notice is needed

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So as of 7th December 2012 end of contract! it has therefore gone periodic now, so LL has to give you 2 months notice i.e 6th feb as you say.

YOU only have to give one months notice from a rent period, ( they cant change that, statute for AST ) which will be now the same, one month from 6th Jan 2012 expiring on 6th Feb. unless you gave him notice on or before 6th Dec. in writing. then you would not be liable for rent after 6th Jan.

So it looks like you are liable up to the 6th Feb, unless you can negotiate something, say him letting out before that date etc.

Presume deposit protected etc.

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