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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am in rented accommodation at the moment and have been given

Customer Question

I am in rented accommodation at the moment and have been given notice within the provisions of the contract. They require vacant posession by April 18th but I am off work having suffered a serious life-threatening illness. I live on on my own and am too physically unwell to search for alternative properties at the moment. . The landllord knows my situation and I have asked for an extension while the property is on the market but he refuses to budge on the move out date. What are my legal rights of tenure given the situation I am in? Thank you in advance.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

When does the fixed term of the tenancy finish

Tom
Customer: replied 3 years ago.

Hi Tom,

 

I was on a 1 month rolling tenancy after the 12 month contract expired and assured the property would be available for at least another 6 months. They were aware that I was ill.

Expert:  Thomas replied 3 years ago.

Ok.


Have you received a written s21 Notice requiring possession from your landlord?


Did you pay a deposit?

 

 

Tom

Customer: replied 3 years ago.
I have received a letter from the letting agents requiring vacant possession by April 18th, not a s21 notice. I have paid a 6 week rental deposit which is with the DPS.
Expert:  Thomas replied 3 years ago.

How much notice did it give you?

 

Tom

Customer: replied 3 years ago.
6 weeks
Expert:  Thomas replied 3 years ago.

RIght. You can relax a bit.

 

If you originally occupied the property under an assured shorthold tenancy agreement and the term has now expired then the tenancy is a statutory periodic tenancy. They must serve a s21 Housing Act 1988 notice upon you requiring possession. The notice period they must give is two months if you pay your rent monthly and it must also expire on the final day of a rent period.

 

The result of this is that if they claim the letter they have sent you giving 6 weeks notice is a s21 notice and attempt to make an application for an order for possession using the letter then the Court will not make an order for possession. They will require a further notice to be served, giving you the correct notice, with such (two months) notice to expire at the end of another rent period.

 

If you need to buy yourself time then I would simply not engage with the agent or the landlord until their stated time for eviction is require. A week or so before you should write to them (preferably) by email stating that as the letter only gave 6 weeks notice it does not comply with the provision of s21 Housing Act 1988 and is therefore invalid.


They will reserve the notice giving the correct amount. If the notice at this time is valid and you do not leave upon expiry then they will be forced to apply for an order for possession. A hearing will take place, where you can attend. If the judge makes an order it will likely be the case that you are given a further 28 days or so to vacate.

 

On the facts, it does not sound as if the agents know what they are doing.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Is the s21an official document??
Expert:  Thomas replied 3 years ago.

There are formalities (eg. service, length of notice, date of expiry etc) to fulfill but there is no one form which everyone must use. A letter fulfilling the formalities will suffice, for example.


The above one doesn't because they have not given the correct length of notice if you are occupying under a statutory periodic tenancy:-

http://www.landlordzone.co.uk/notice_to_quit.htm

 

Thanks for your very kind accept. It's a difficult situation and you have my sympathies. I hope you get better soon.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Tom, I have found the S21 form now - do I have any rights due to my current medical condition?
Expert:  Thomas replied 3 years ago.

Your medical condition does not prevent their right to obtain possession I'm afraid, but the Judge may well be sympathetic to your condition at the hearing.

 

Tom

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