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Agreement ending but Section 21 Notice was given with 3,5 weeks notice! HELP!


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Hi I have an Assured Shorthold Tenancy that started 10th of July 2014, and expire the 9th of July 2015. It is actually through an agency.

I was approached the 8th of June by the Agency asking if I was looking to renew, witch to I replied that I would.

I was pretty shocked yesterday when I got an a mail saying:

"Your landlord has come back to us and does not want us to renew the contract. Your last day in the property will be 9th July 2015 as per your tenancy agreement"!

That is less then 4 weeks away! I replied that a Section 21 notice wasn't given with 2 months notice, and they replied:

"A two month notice only needs to be given if the landlord is looking to get the property back sooner than the end of the tenancy."

No matter where I read, I can't see that they are right and actually allowed to give me 3,5 weeks notice? Im not in arrears either.

"Being told to vacate at the end of a tenancy
A landlord is fully entitled to serve a possession notice, known as a Section 21 form, to gain possession of their property at the end of a tenancy. This is NOT an “eviction” notice- it’s the landlord essentially saying, “the tenancy has expired, I would now like you to vacate the property” A landlord does not need any reason whatsoever to serve this notice.
The Section 21 can be served at any point after a tenancy begins, but the tenant is allowed to stay in the property until the end date (unless the landlord has grounds to evict) and is also required to have 2 months notice before they have to vacate. For example, if a tenancy begins on the 1st January 2012 and is due to end on the 1st January 2013, the landlord should serve the section 21 before 1st November (allowing 2 months notice) if the landlord wants the tenant to vacate on the 1st January 2013. If the notice is served after the 1st of November, then the tenant has a legal right to remain in the property until after the 1st of January 2013, as the tenancy will have automatically rolled into a periodic tenancy. Where the tenancy has become periodic, the notice given must expire on the last day of a rent period. For example, if a monthly periodic tenancy rent day is the 2nd of the month, the two month notice period must end on the 1st of the month in question"
Reading this I would roll over to periodic Tenancy 10th of July? I pay the rent on the 25th, (an addendum to my contract) and I have made an additional payment to cover the days from the 10th to the 25th, so as I see it, the earliest Notice day they can give is 24th of August???
What is right and wrong here?
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Can you cut and paste this onto the Landlord's forum please. Expert's will be able to answer your questions.

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  • 2 months later...

You don't have to move out in 3.5 weeks.  Have you ever been issued with a Section 21 notice at any time from the start of tenancy?

Even if you have the landlord will need a court order to make you leave.

The correct procedure would have been to give you 2 months notice at the end of your fixed term - maybe tell the agent that!


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