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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 servered the section 21 notice in August.During this

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I was servered the section 21 notice in August.During this time I was ill with pregnancy related issues that took me out of work for almost 4months,during this period I didn't have the strength to search for alternative accommodation eventually got one 3weeks ago from a private landlord who confirmed the property will be available by the 29th of Nov 2011,and I appealed with my letting agency to allow me stay at the property until the 4th of Dec 2011,a week ago I go a notice that the present occupant of the property has decided to continue with the current tenancy and they I sought alternative means and the property I now found will now not be available until the 15th of January.I emailed my agency to bear with me until such time and I will also have a plan be in place should there be any problems then.The have now told me they are unable to grant me an extension,they will be left with no other choice than to get a bailiff to get me out of the property.What can I do,I'm pregnant.
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When does the fixed term of your tenancy agreement expire?
  • 2. Do you have a written tenancy agreement?

Kind regards.

Tom

Customer: replied 3 years ago.

My FTA Expired on the 11th of November 2011 and yes I have a written tenancy agreement for a year with a 6months break clause that covers me until such time.

The section 21 notice was served in July to vacate in august and I reached a mutul agreement with the letting agency to stay on till Nov.

I asked they give me an extra 3weeks on the due date,which now expires on the 4th of Dec

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

You were served a s21 notice in July specifying that you should vacate in August.You therefore received less than 2 months notice. Correct?

Your fixed term of your assured shorthold tenancy agreement finished on 11 November. The s21 notice therefore required you to vacate earlier than the fixed term. Correct?

Kind regards,

Tom
Customer: replied 3 years ago.

I was served s21 in July...correct.

 

The s21 required I vacate before the assured tenancy agreement ended (although there was a 6months break clause)

 

At the moment my tenancy has expired.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

I think you can relax a bit. A s21 notice must give you two months notice and must expire at the end of the fixed term. If it was served in July and required you to vacate in August then this is less than two months and does not appear to expire on the date the fixed term of the tenancy was to expire.

On this basis a court would not permit the notice to form the basis of an action for possession of the premises. They cannot evict you without a court order and they must have served you with the correct notice. Even if they had served you wit h the correct notice they would still have to apply to Court and this would take at least three weeks to get an order for possession.

If they instead wished to operate the break clause then they should have sent you a letter giving the required notice under the break clause.

The following link describes the situation as to notice quite well:-
http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm

The tenancy has now turned in to a statutory periodic tenancy if the fixed term has expired. This means that it continues on the same terms but from one month to the next. You are require to give one months written notice in order to vacate the property and this notice must expire at the end of a rent period The notice by tenant passage on the following link describes the notice you are required to give:-
http://www.landlordzone.co.uk/notice_to_quit.htm


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
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Expert:  Thomas replied 3 years ago.

 

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Tom

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