Receiving a section 21(1)b

by Readers Question

9:12 AM, 22nd January 2014
About 7 years ago

Receiving a section 21(1)b

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Receiving a section 21(1)b

My daughters landlord has served her with a section 21(1)b Notice to quit as they are selling the house.

Her fixed six month tenancy ends on the 8th of February 2014 so the notice has been issued during the fixed term.

The notice was dated 19th Jan and delivered on the evening of the 21st Jan through the letterbox. Recieving a section 21(1)b

The section 21(1)b notice states that possession is required by the 21st of March 2014?

The question I would like to ask is, as her fixed tenancy started on the 9th of the month and therefore ends on the 8th of the month shouldn’t the landlord have dated the required possession date as being the 8th of April (rent payable monthly in advance).

Also as the tenancy will be periodic from the 9th of Feb shouldn’t he have issued a Section21(4)a instead of the section
21(1)b

Many thanks

Annette Tolley

Comments

Mark Alexander

9:18 AM, 22nd January 2014
About 7 years ago

Dear Annette

From what you have said, I believe the section 21 notice is perfectly valid, post pre and post the recent Case Law precedent of Spencer vs Taylor - see >>> http://www.property118.com/spencer-vs-taylor-section-21-notice/61505/

It was always the case that section 21 (1) b could be served at any time during the initial fixed term. Section 21 (4) a was only required once the tenancy had actually become a statutory periodic. However, this all changed very recently, hence the link to the discussion above.

One thing you may not be aware of is that you daughter could end the tenancy on the day on the last day of the fixed period without notice. This could prove useful if she finds accommodation which she would like to move into immediately.

I wish your daughter well with her move.
.

10:03 AM, 22nd January 2014
About 7 years ago

Hi Annette,

i agree with Mark, all the landlord is required to do is give 2 months notice in writing, which he has done.
As Mark correctly states, your daughter does not have to give notice to vacate at the end of the 6 month term as this comes to a natural end.
However if your daughter decides to stay in the property past the 2 months notice period, which she is legally entitled to do, until the landlord goes to court for a possession order, however your daughter may well find the landlord has passed the court cost on to her, again which he is entitled to do.

If the Landlord is a reasonable person, he may allow your daughter to stay in the property past the 2 months notice if she cant find a property in time, but with the mutual understanding she pays rent as normal and she vacates as soon as she's found something, ensuring this does not impact or hinder viewings for the sale of the property.

hope this helps.

Julies

10:19 AM, 22nd January 2014
About 7 years ago

Hi Julie

A section 21 notice des not give a landlord the rights to evict. The notice is required to allow the landlord to apply to the Courts for an eviction order. Therefore, I agree with Julie.

Our standard operating procedure is to serve section 21 notices very early into the tenancy for the protection of our landlord clients. However, we are under no obligation to enforce them and our tenants are made aware of that.

For details of our strategy please see the link below 🙂
.

Romain Garcin

12:07 PM, 22nd January 2014
About 7 years ago

There are arguments about the validity of that notice, IMHO:
1. When does notice period? I think it is very arguable that it starts on 22nd Jan. so expiry on 21st March is less than 2 months.
2. Even is 21st March is OK, is stating that 'possession is required BY 21st March' actually 2 months notice?

In any case, the landlord has stated that he intends to sell the property with vacant possession, this gives some leverage to the tenant.

12:46 PM, 22nd January 2014
About 7 years ago

just an additional thought

is your daughters deposit protected in one of the 3 schemes?
if not, then the Section 21 notice would not be valid to start with.

Sally T

14:15 PM, 23rd January 2014
About 7 years ago

Are you trying to buy her time in the property, if so she could negotiate with the landlord, she could offer to pay a reduced rent (start at 50% off) and stay in the property until it sells, on the agreement that she'll move out a week before it completes. No landlord likes to have a property sat empty and furnished houses look better when buyers look round.

John Daley

11:50 AM, 24th January 2014
About 7 years ago

Reply to the comment left by "Adam Alexander" at "22/01/2014 - 10:19":

Hi Adam,

What is the point of serving a S21 before you actually want to gain posession. I feel that this is a tactic being used by landlords to undermine the tenant's confidence in their security of tenure. If you have an absolute right to posession under the proscribed terms why do it like this ?

I know it is a tactic being used by unscupulous agents who are recycling tenancies in order to collect fees from landlords and tenants.

I fully accept that is is not in any way illegal though I might argue that a Trading Standards Officer might seek to have it annulled as an unfair term under the CPR 2008 if it was served at the beginning of a tenancy.

Surely the landlord interest is best served by developing a positive relationship with tenants, so management problems are reduced and tenancies are likely to last longer thus reducing management costs and void periods.

I think this serving of S21 notices undermines that relationship and inclines the tenant to believe the landlord or agent is likely to treat them badly reducing the goodwill that is needed to make the tenancy run well.

Anyone else have a view on this ?

Mark Alexander

11:54 AM, 24th January 2014
About 7 years ago

Reply to the comment left by "John Daley" at "24/01/2014 - 11:50":

If you read the link provided by Adam you will see that the strategy has more than one facet to it. Did you read his linked article and if so did you note his reference to the additional assurances to tenants provided by his reference to a "Deed of Assurance"?
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Tony McVey

13:45 PM, 25th January 2014
About 7 years ago

Any s.21 notice which does not expire on the last day of a period of the tenancy is invalid.
The notice should have expired 8th April. See
Housing Act 1988.

Romain Garcin

13:56 PM, 25th January 2014
About 7 years ago

Reply to the comment left by "Tony McVey" at "25/01/2014 - 13:45":

This does not apply to notices under s.21(1)(b).

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