Section 21 notice

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TheBear

Original Poster:

1,940 posts

247 months

Friday 20th March 2015
quotequote all
Took out a 1 year AST in Sept 2014 which contained a break clause for both sides which requires two months notice to be given but no less than 6 months into the contract.

Letting Agent delivered a S21 notice today giving us two months notice to leave and to take possession. As I understand it a S21 can be used to activate a break clause however the agent has written on it and in the covering letter that our tenancy agreement is due to expire in May 2015 which is wrong as it is Sept 2015.

The exact wording is "after 21 May 2015 Or after the end of the period of your tenancy which will next end after the expiration of 2 months from the service of this notice upon you"

Is this a valid notice as they seem to be under the impression somehow that we are simply coming to the end of the tenancy in May and wish to take possession of it.

We don't want to leave in May but in July and this will cause a big problem as our new house won't be ready.

I will contact the agent to explain and I hope they will be reasonable in granting us the extra time but if push comes to shove is it a legal notice?

TheBear

Original Poster:

1,940 posts

247 months

Friday 20th March 2015
quotequote all
The question I'm asking is the agent is saying our tenancy is due to expire in may which is wrong. Would they need to specify the break clause and would putting the wrong tenancy end date on the notice make it invalid?