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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
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I have suddenly been given overnight to decide weather I renew

Customer Question

I have suddenly been given overnight to decide weather I renew my contract for 12 months, or my estate agent & landlord will notice me with a Periodic Notice (Section 21(4)a). I have paid on time £40,000 worth of rent over the last 2.5 years (property is worth 200,000). I am at work currently (a doctor working all day and night) with 2 young kids at home and don't have any time to think about it in order to make up my mind, certainly not overnight! Isn't that harassment? Does this short of harassment not constitute a criminal offence by the estate agent, as he is aware of my overnight duties? What serves him the right to give me a deadline overnight out of the blue? If I say yes, I commit £15,000 for the next year.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

I am sorry for the delay overnight.

Also, I am sorry but I cannot give you any good news. Clearly the landlord is disorganised as he should have warned you some time ago about this but its not harassment or otherwise unlawful,

He is perfectly free to ask you to sign a fresh AST and if you refuse to give notice.

Obviously he does have to give proper notice which means no less than 2 months on or before the rent date so its not an immediate thing. Also the practical reality is that if you don't respond within 24 but do respond positively shortly after that its very unlikely that he is going to refuse. Its not in his interests. Good tenants are fairly rare and he isn't going to replace you lightly.

Also he might well agree to your request for time anyway

I'm very sorry of this is bad news.

Can I help further.?
Customer: replied 3 years ago.

FOR JOMO1972


 


Thank you for your answer. He has served me notice that expires on the 14th of August, according to his email. I haven't received it by post, as they must have send it lastminute and second class. Will he be able to go to court after the 14th of August, if I receive it today (15th June), or even later? or would he need a new Section 21, as this one is not done on time?

Expert:  Jo C. replied 3 years ago.
What is the end term of the contract?
Customer: replied 3 years ago.

14th of JUne

Customer: replied 3 years ago.

FOR JOMO1972



14th of JUne

Customer: replied 3 years ago.

FOR JOMO1972



14 of June

Expert:  Jo C. replied 3 years ago.
Unless he has some evidence that it was served before or on the 14 th June then it would not take affect until the 14th July.

If the terms dates are the 14th then it should expire on the 13th August anyway.

He could apply to court in August but it would be struck out if his notice is invalid.
Customer: replied 3 years ago.

FOR JOMO1972



they sent an email attachment on the last day. does that count?

Customer: replied 3 years ago.

FOR JOMO1972


 


 


 


they sent an email attachment on the last day. does that count?

Expert:  Jo C. replied 3 years ago.
Sorry for the delay. The site has been down.

Service can be by email I'm afraid but it still needs to cite the correct dates

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