Cancellation of tenancy
Discussion
The notice is effective from the date of service - keep the envelope as if it was posted to you that's evidence of the date of service which would be 2 business days after posting (if posted 1st class). What date of the month does your rent fall due and are you still in the assured term (normally 1st 6 months). It may well be that the notice is defective...
The notice should give you 2 clear months ending on the date a rent period ends. If you pay rent on the 21st then you should have a notice saying that possession is required after the 20th of a month. A s.21 notice served on 7/1/11 would therefore require possession after 20/3/11. If you are still in the assured period then the notice must give until the expiry of that period.
Did you pay a deposit and has it been protected? If not then the s.21 notice cannot be acted on even if it is correct.
The notice should give you 2 clear months ending on the date a rent period ends. If you pay rent on the 21st then you should have a notice saying that possession is required after the 20th of a month. A s.21 notice served on 7/1/11 would therefore require possession after 20/3/11. If you are still in the assured period then the notice must give until the expiry of that period.
Did you pay a deposit and has it been protected? If not then the s.21 notice cannot be acted on even if it is correct.
Edited by Andy_GSA on Friday 7th January 00:42
Assuming the tenacy is an AST that falls under the Housing Act.
What Section of the HA is the notice served under?
What date is the rent due?
The term in the AST may refer to required Notice if you remain in occupation after the expiration date of the AST and don't sign a new AST - thus reverting to a Statutory Periodic Tenancy. If it does not then it cannot override the terms of the HA so it is a worthless clause - S8 notice can be as little as two-weeks.
A S8 and S21 Notices are not a 'notice to quit'. They allow, upon expiry, for the Landlord to apply to the Court for a Possession Order.
If a S21 notice has been served then a Possession Order cannot be granted before the expiry date of the AST.
As already said S21 notices cannot be served if the deposit (if one has been paid) has not be protected in one of the [three] DPS schemes.
What Section of the HA is the notice served under?
What date is the rent due?
The term in the AST may refer to required Notice if you remain in occupation after the expiration date of the AST and don't sign a new AST - thus reverting to a Statutory Periodic Tenancy. If it does not then it cannot override the terms of the HA so it is a worthless clause - S8 notice can be as little as two-weeks.
A S8 and S21 Notices are not a 'notice to quit'. They allow, upon expiry, for the Landlord to apply to the Court for a Possession Order.
If a S21 notice has been served then a Possession Order cannot be granted before the expiry date of the AST.
As already said S21 notices cannot be served if the deposit (if one has been paid) has not be protected in one of the [three] DPS schemes.
Edited by mk1fan on Friday 7th January 13:30
As already said S21 notices cannot be served if the deposit (if one has been paid) has not be protected in one of the [three] DPS schemes.
AND the tenant has been served the proper notices by the Landlord with all the detail of where the deposit is. They get the notice from the DPS website
AND the tenant has been served the proper notices by the Landlord with all the detail of where the deposit is. They get the notice from the DPS website
AND you have to go to court to be awarded the 3 times but if the landlord secures the deposit and serves the correct notice or refunds the deposit before the case is heard then you get nothing which is not quite what parliament intended but it's what the judges worked out.
The practical result is that it just stops the landlord serving effective formal notices.
The practical result is that it just stops the landlord serving effective formal notices.
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