Landlord Using Unusual Tactics to Keep me Resident

[adridude]

When you say 'creation of a new tenancy', from my understanding, because my AST is now a monthly rolling contract, the tenancy is ended and immediately renewed every month?

 

AST Date in the contractual terms: 03/10/2011 - 03 April 2012 fixed term and monthly rolling thereafter, date signed 16/11/2011 (because my particular contact was always sick so only got it to me late).

 

Date of S21 Issue: 22 July 2013

 

in section (4) Date of expiry, it reads: after(4) sunday 29th Sept 2013, or if the alternative date stated below is different, after the alternative date. The alternative date is the first date after this notice was given to you which is:

 

at least 2 months after service upon you of this notice, and

which is a date not earlier than the end of the fixed term

 

I might have it wrong, but the dates don't seem to tie up?

[raydetinu]

yes dates appear incorrect, expiry should two months from 3rd of any month; so if issued on 22 July expiry should 3rd October 2013.

[The Carpet Cleaners]

almost Raydetinu should be 2nd October..

 

However I would not inform them that it is incorrect, so IF they do try to act on it, they will eventually find out and have to start again with another 2 months notice...

[raydetinu]

Yep.

[mariner51]

Actual dates may be incorrectly expressed, but they appear to have tried to use a 'saving' phrase -

"in section (4) Date of expiry, it reads: after(4) sunday 29th Sept 2013, or if the alternative date stated below is different, after the alternative date. The alternative date is the first date after this notice was given to you which is:

 

at least 2 months after service upon you of this notice, and

which is a date not earlier than the end of the fixed term"

[raydetinu]

does not work though!

[Lea_HTH]

Your tenancy is not 'renewed every month".

 

I agree with Mariner - the LL has tried to use saving words - and it is clear from the wording that two clear months notice is being given. So long as the LL starts his action after 3rd October (and he's not done that and we're in November), he can point to the fact that he had the saving words which indicated two clear months was being given. If he can persuade a judge of that - the notice will be valid. Depends on the judge however, as a s21 notice cannot be dispensed with.

[adridude]

editing...

[adridude]

What about the grief it caused by not giving two months? To me this just feels like another attempt to make my life difficult. As some of you might have seen, I've had quite a 'joyride' (sarcasm) with this bunch of 'fly by nights' and quite frankly I'm getting sick of it. I should literally only hear from my LA once every year to do a property inspection, yet I hear from them on a weekly basis despite telling them that I wish to be left alone. I'm getting really tired of all of this obscurities which keep arising in contracts, paperwork, letters,disconnection between the LL and LA (as they seem to be operating independently now from each other) so I'm feeling a bit side-winded...

 

Yes the option is to leave and yes, I'm looking for someone, daily.. No, it's not easy to find somewhere at the moment, this is the issue. On that note, I'm literally sat here with this S.21 gun against my head, them causing all this grief yet not being able to do anything about it because they could act on it.

 

Surely that's a form of blackmail? or I have no idea, but it sounds a bit iffy...