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Section21 - is reason needed?


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Hi all,

 

hope someone can help me here. Nice way to wake up on this bright sunny Saturday morning; signed delivery from the landlord; giving me a section 21 notice.

 

My question is, does it need to give a reason why the landlord is giving me this notice? Or can he just do it to end the tenancy (by the way he gives it 2 months before expiring of my AST so in that way he gives me the correct notice).

 

Other question, the top reads Assured Shorthold Tenancy; periodic tenancy. Does that make sence????

 

Other question, can a landlord refuse anyone based on relying on housing benefit? My suspicion is that my landlord is ending my tenancy for this (or probably the awkward questions i have asked over the past months).

 

Hope someone can help here

... thanks in advance

 

LMS

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Ditto i got one on wednesday and ive got a 12 month tenancy agreement!!

We're only 5 months into it, not sure if they have to give a reason but ours did,-. 3 in fact!

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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well as far as I understand, they can give you notice whenever they want, but are not allowed to end tenancy within first 6 months (so cant get you out before these 6 months, after that they can)

 

At least you have some reasons, I can only guess and that is not easy as I might want to fight it :)

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I think they do have to give a reason, or at least they will have to in court if they want to evict you!

In fact they do have to have grounds, ive discovered, and you have a right to know what they are, ASK!

Good luck

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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No, there doesn't have to be a reason for a section 21.

so rosy you're saying that a landlord can kick a tenant out onto the street for no reason whatsoever?

seems very unfair to me

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hmm, I always thought a Section 21 didn't have to have a reason, it's the official 'notice to quit' that landlords have to issue two months before the tenancy expires; or, if you have a periodic tenancy, the two months provided by a valid Section 21 is the two months notice a landlord is required to give before eviction. That's how I understood it. I have also heard somewhere that the landlord has to stick to the agreed terms of the tenancy, so would only be able to issue a Section 21 in month 10 of your 12 month tenancy - as you would have 2 months to go in your agreement, the Section 21 would confirm the end of the agreement and prevent a peroidic tenancy from occurring.

 

Please don't take my word for it, I've not only never had one served on me, but have also had a glass of wine or two :)

-----

Click the scales if I've been useful! :)

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Demon is correct other than one thing - the landlord only has to serve a S21 no LATER than the 10th month. They can serve it at any point before hand, but it will still not be valid to evict until the expiry of the fixed term.

 

Also, there is no reason needed.

 

Finally, hello again all after my significant break from CAG! Bloody PCs grrrrrrrrr

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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Thanks demon :) change of jobs and knackered PC = no CAG for Sheddy!

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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And yes demon correct - this is known informally in the sector as a "sword of damocles" service, as it is metaphorically hanging over your head. What it in effect means is that at the end of the tenancy they do not have to give you 2 months notice, they can begin eviction proceedings immediately.

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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However, slight complication - CB can you post the dates listed on the notice, the reasons given and whether this is your first tenancy or a renewal?

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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Yeah of course. happy to oblige.

date of expiry 19th june 2007

dated 18th april 2007

we signed a 12 month contract on 20th november 2006 and there is no 6 month break out clause mentioned on it.

l/a says its because we have been late with the rent a few times (we have had some really bad luck since we moved in)

also we removed the ll's cooker and bought our own as hers was unreadable (the symbols that is)

and also and i think this is utter crap, she wants to move back in and its our first tenancy

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Well if that is your first tenancy and it is a section21 notice, then its a load of rubbish :) however, be aware, he probably COULD evict on a couple of those points under a section 8 notice.

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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thanks all for the replies.

Well my landlord/agency gave me the notice in time so I cannot fight it.

 

Will have to go looking for another house by the end of August.

 

Oh by the way, there should have been maintenance/rebuilding done to the house, if the landlord doesnt do them, what can i do about that? Part should have been done last week, part is planned for next been but havent had confirmation yet.

 

Cheers,

LMS

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Thanks sheddy, and welcome back, we've missed you!

And best of luck LMS i will be thinking of you, ive rented a few places and ive never been given a s21 before (not nice is it?)

We're locating anyway, but i not going til i'm good and ready.

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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