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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I was informed that Notice Section 21 cannot be served on an

Resolved Question:

I was informed that Notice Section 21 cannot be served on an Assured Shorthold Tenancy because the rent is above ?481 per week is that correct?
Submitted: 6 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Hi,


Thanks for your question. If the annual rent is above £25,000.00 (which works out as just below £481 per week) then this means that the tenancy cannot be an assured shorthold tenancy regardless of if the tenancy actually refers to itself as an AST.

 

Instead, it is a bare contractual tenancy and notice must be served in accordance with the actual terms of the tenancy itself rather than Housing Act legislation.

 

A s21 notice would therefore not really be appropriate to end the tenancy, if it were then it would be for a Court to decide whether it does in fact constitute a valid notice and they would refer to the provisions of the tenancy agreement to make a judgement on it.

 

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


Kind regards,

 

 

Tom

Customer: replied 6 years ago.

what notice will be appropriate for an annual rent of £25,740 or £37,700?

 

Expert:  Thomas replied 6 years ago.

The amount of rent is not a significant factor in the length of the notice.

 

It's really a question of what is in the tenancy agreement itself. If there is nothing in about notice periods then it is usually upon giving 'reasonable notice', generally the Courts have held one month to be reasonable for this purpose.

 

Again, though, the specific provisions of the tenancy agreement should be your first port of call.

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

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