Section 21 Notice Received

[Seansmom]

Hi. What a great forum for information! I've read through several threads on Section 21 notices, but have not seen anything quite like what we received in the mail yesterday.

Dear Mr. and Mrs,

Section 21 Notice (Notice requiring possession)

The fixed term of the lease expires on the 25th of January 2012. This notice is being served in advance of the required two months notice period.

As per the agreement, you must provide us with access to the property from the 25th November 2011 upon a minimum of 24 hours written notification.

Regards,




Is this a legitimate section 21 notice? FWIW, our deposit is not in a scheme (as far as we know), but the landlord does have the means to place it in one if forced.

Our AST does have a clause stating viewing rights within 60 days of the end of the tenancy.

We have had numerous issues (mainly related to heating and plumbing) with the home and the LL has always been granted access for repairs. I would say repairs required access more than 60 days during our tenancy so far (our let is a Grade I conversion). We have no intention of allowing viewings for the final 2 months of our stay. Are we within our rights?

Thanks so much!!

[Interlaken]

You don't have to allow any viewings at all if you do not wish so.

In short: no protected deposit - no valid section 21.

The S21 you demonstrate is very basic and I'm sure some will argue incorrect! Since you have had so many probs at this property are you sure you want to stay?

[Seansmom]

Thanks Interlaken,

Of course, now all of the problems with the house have been finally taken care of! We asked the LL to let us out of our lease in September (26 month AST) -- he refused. As the rent is very substantial (over 2000/pcm) we were unable to consider paying 2 rents. We are actively looking for a new place to live - guess I'm just a bit insulted that he resorted to an S21 notice.

Being as the S21 appears (to me, at least) to be confusing, is it possible for us to read it as he's giving us 2 months notice and therefore we can leave on December 11 without penalty?

[Snorkerz]

Here is what section 21(1)(b) says about the notice:

the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.
As he doesn't actually say he wants possession at the end of the fixed term, I can not see it is a valid s21 and as interlaken says, if the deposit isn't protected at the time of service, the s21 is not valid.

Whilst you have a valid tenancy, you have exclusive use of the property. The landlord also has a right of access, but these two rights overlap and contradict each other. The only way a landlord can exercise his rights, is a court order.

Write to the landlord telling him you note the contents of his letter but (if you want) you regret that you will not be allowing any access to the property (or you'll only permit access on Wednesday afternoons etc).

Sadly, no s21 relieves the tenant from their own notice obligations.

[westminster]

Being as the S21 appears (to me, at least) to be confusing, is it possible for us to read it as he's giving us 2 months notice and therefore we can leave on December 11 without penalty?

Even if the LL serves a valid s.21 notice, its only effect is to entitle the LL to apply for possession after notice expiry. It does not entitle T to vacate during the fixed term, nor to vacate without giving notice during a periodic tenancy, with no further rental liability.

If you wish to unilaterally end the tenancy, the earliest that you can do so is by vacating at fixed term expiry, i.e. on or before 25th January 2012 (assuming this is the last day of the fixed term). If you do not vacate and you are in occupation at fixed term expiry, a statutory periodic tenancy will arise, and to end the tenancy you would then be obliged to give LL at least one month's notice, also expiring at the end of a tenancy period.