Confused about S21 notice - tenant

[Mark W]

Hi,

A week or so ago I received an email from the estate agent stating 'your tenancy will expire on 7th July 2012. If you wish to stay on in the property the landlord may be willing subject to a rent increase to be discussed and signing of a new tenancy agreement, the cost of which will be £110.'

There was a S21 notice attached which seems from everything I know to be valid, 7th July 2012 is more than 2 months away and that is the last day of a rental period according to my tenancy agreement. My original tenancy was a 1 year AST at a rent of £1400 per month which expired on 7th January 2012 and I have been on a statutory periodic tenancy since then.

I emailed the estate agent and said that I would have liked to stay on but did not want to sign a new tenancy agreement as I felt I would be paying £110 for nothing. As such I would give vacant possession on 7th July 2012 and return the keys on that date.

The estate agent replied today stating that he had discussed with the landlord and the landlord is happy for me to stay on in the statutory periodic tenancy without signing a new tenancy agreement, and that he would leave the rent as it is for now.

But my confusion is - what will my status be after 7th July 2012? Notwithstanding that the landlord says he has changed his mind and wants me to stay, I have still been served with a valid S21 notice so as I understand it he could apply for a court order any time he wants after that and without any great notice, so that I would be forever wondering if he was going to change his mind again and turf me out...

Is that correct that he would be in a position to turf me out without needing to give a further two months notice from changing his mind? I'm really confused about this area. If it is, I will ignore his change of heart and give my *own* notice that I am intending to move out on 7th July 2012.

[LesleyAnne]

Just ask them to confirm the agreement that the LL is rescinding the S21 and allowing you to exercise your right to a Statutory Periodic Tenancy (no renewal so no charge) in writing.

It is likely the LA issue an S21 as standard practice as they want to charge you the renewal, and many inexperienced tenants would likely cough up and sign, rather than question it. The S21 gives the impression that it is "sign it or else"!

[Mark W]

Thanks, I will do so. I assume that if that is done then the landlord would need to issue an entirely new notice to seek possession if/when he changes his mind again, and wouldn't be able to rely on the old one at all?

[LesleyAnne]

That would be my understanding of the situation. Never take a letting agent's word for anything unless they are prepared to back it in writing. TBH they would have charged your LL a renewal fee too, so by not renewing he is saving money too.

[Snorkerz]

I'm not sure a s21 can be rescinded - the statute requires a notice to be served - it has.

IMHO, the landlord can commence eviction proceedings at any time (once the current s21 expires) but the court process will take around 6 weeks and the bailiffs probably as long - so you'll not be turfed out without notice.

The only way to 'cancel' the s21 is to sign a new tenancy agreement, in which case the s21 is no longer valid.

[LesleyAnne]

I'm not sure a s21 can be rescinded - the statute requires a notice to be served - it has.

Perhaps rescind was not the correct term - Maybe LA/LL could confirm that they will not persue court action in the event that the tenant remains on SPT at the end of the fixed term, without issuing a further notice of possession first. But then, knowing how fickle statute and the courts can be, maybe this wouldn't be worth the paper it was written on ...

OP, I take it your deposit has been protected and you have received the prescribed information from the scheme used? If not, then S21 is invalid anyway.

[Mark W]

I'm not sure a s21 can be rescinded - the statute requires a notice to be served - it has.

IMHO, the landlord can commence eviction proceedings at any time (once the current s21 expires) but the court process will take around 6 weeks and the bailiffs probably as long - so you'll not be turfed out without notice.

The only way to 'cancel' the s21 is to sign a new tenancy agreement, in which case the s21 is no longer valid.

Ah - that was what I was worried about which led to me making the OP. I had a feeling that once the notice was served that might be it.

In that case I will make sure I am out on the day specified in the S21, just to clarify, the S21 is not a notice to quit, so I need to give my own notice that I am moving out on that date, at least one month in advance of 7th July 2012? Obviously I don't want to get involved in any kind of court proceedings (not to mention bailiffs!), it probably wouldn't get me a great reference when I am looking in the £1500-£2k a month range !!

Lesley - yes my deposit is protected and I received all the information.

[thesaint]

You need to give notice.
When did your last tenancy agreement begin?

[mariner]

Given your earlier stated dates your NTQ must be served on (received by)LL on or before 6 June. On expiry (6 Jul) your T will be terminated!

Why are you leaving after saving £100 renewal fee and no rent increase for the present, you are going to have to prob pay £200+ admin & ref fees, temp find 1 month advance rent + new deposit, for an unknown LL to provide accom of uncertain quality, just because you don't want risk of LL acting on a valid s21 at some date in the future?
It would take IMO min 6wks for LL to get hearing even if he applied tomorrow, + Judge can allow a further 14-56 days stay, so you will still get ~2 months notice to comply with a No Fault notice.
If you have no pressing need to move, why do it?

[Snorkerz]

If you want to leave on 7th July, you can without notice. You have no legal need to give notice at the end of a fixed term tenancy - although it would obviously be polite to do so. Many landlords dispute this, but this document by Shelter on the Housing Law Practitioners Association website outlines the law involved (MS Word Reqd). http://www.hlpa.org.uk/cms/wp-conten...-last-day.docx
Once the fixed term has passed - even by just one day - you have a 'Statutory Periodic Tenancy' under section 5 of the 1988 Housing Act. Written notice required from tenants is a minimum of one month - with the leaving date being the last day of a tenancy period.