Should landlords have the right to refuse DSS tenants?10:43 AM, 20th May 2019
About 4 weeks ago 124
I am a tenant with a technical question about notice to quit. I would be very grateful if you could help to answer my question please?
I have been served a section 21 which expires 15 April (I am on a periodic tenancy that runs from 16-15th of each month). In actual fact the 21 notice is not valid because the deposit is unprotected, something I have pointed out to the landlord and agent but they are ignorant of the law and do not believe it/want to believe it. However, this is not a question about deposits/prescribed info/section 21 since I do wish to leave before then even if I don‘t have to, if only to avoid an unpleasant cold war, my question is this;
Since I have been served notice (forgetting for now whether it is valid or not), do I also in turn have to serve 1 month notice to the landlord if I want to leave on 15 April or even before then? If so, I understand that tenants need to give 1 month notice that falls on the last day of the rental period (if relevant our tenancy agreement is the law pack 1 page agreement you buy at WH Smiths). If I am not mistaken, this means that I cannot serve to leave before 15 April because I have missed the “deadline” to serve on 15 February to leave on 15 March.
Am I correct in thinking that I can only give notice to leave on the 15th of the month? I know that recently there was that Spencer versus somebody case where on the landlords side they have now ruled that the 2 months notice can start from any day when the tenancy is periodic.
Thanks for any advice on whether I am forced to stay until 15 April or could, for example, serve notice on 28 February to leave on 28 March?
Normally of course one would just ask the landlord but communication with this particular landlord has become impossible, same with his agent. They are ignorant of the laws and borderline harassing, e.g. saying they can let themselves and builders in with their keys without our permission, repairs left unresolved for months etc . And no, in case you are wondering, there have never been any rent arrears or breach of TA on our part, but to sum up, my question is about the ins and outs of my notice to quit.
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