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

[kpekehei]

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?

[Grampa]

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.

"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."

This is totally incorrect as the 2 month notice (via a section 21) cannot end earlier than the last day of the fixed period of a tenancy unless you have break clause in it which would normally be about the 6 month mark of a 12 month 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.

Fact: You do not have to move out of the property on the 9th July 2015 unless you want to..

If the landlord wants his property back the normal process is to serve on the tenant a section 21 notice. Either a S21((1) B if it is served during the fixed period of the tenancy (10.07.14 - 09.07.15) but once the fixed period has ended he would use a S21((4)((a).

Without one of these notices served the landlord or agent cannot start the process to get you out.

The section 21 notices will give 2 months notice and if the tenant still doesn't vacate (after 2 months) the landlord has to start the eviction process through the courts and it will be at least another further 5-8 weeks before a court hearing and the judge will then give a further 14 days which can/will be enforced by a court bailiff.

Just bear in mind if you force your landlord to take it as far as the court process it may effect you getting another property as some landlords or agents wont touch you with a barge pole. The best way would be to keep it civil with your agent and explain you need a bit more time to find another property and maybe ask for a written reference now. Also let them know they are incorrect (after taking advice) regarding the s21 notice info they have given you. I wouldnt supply them the correct process as that is for them to find out.

[Richlist]

In addition....just so you understand why you didn't get an s21......

A landlord is not required to serve a section 21 before the end of the contract because the 12 month contract is a fixed term that ends in your case on 9th July.

It's in the interest of both landlord & tenant to establish, as early as possible, their individual requirements before the contract end date. Something neither of you have actually done early enough.

[kpekehei]

Thank you!

It was always my intention to renew the contract, and both landlord and acency was fully aware of that. Now it is the landlord option in the end, and I don't want to be difficult with him, but I am surprised the agency doesn't have the competance.

Anyhow, after i wrote an email back to the ageny explaining the regulations, (and copied the manager in), also saying I don't want do be difficult, but if they expect their tenant to fulfil their obligations, the tenants should be able to expect the same standard back, they came back and said I was absolutely right and that 2 months notice was correct and that they would come back with a new vacacy date. Gives me the time I need so fair enough.

Just out of curiousity, If i get the section 21 notice before the 9th of July, I am still an AST, but will during the notice periode change "status" to be a periodic tenant. I would assume that the "status" at the time where notice is given sets out what deadlines they have to follow, eg different deadlines for AST and PT?

[kpekehei]

And: I have no intentions to push the landlord to go to court! I have been looking after the property inside and outside more then expected, (and sometimes even at my own expense), always paid my rent and have no complaints from neighbours etc, the opposite actually, and I just expect some courtesy back by at least giving me enough time to find a new property.