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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice.
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Hi I am currently a tennant, have been here 2 yrs now and have

Customer Question

Hi I am currently a tennant, have been here 2 yrs now and have only had obe contract at the start which was a 6 month contract, now the way my landlord wants me to pay has changed so I eequested this was to be put on a contract, the said the contract will be the same just with the change of payment now I have received the contract it now has on there that im on a monthly rolling contract but this wasnt on the original and the now want to do spot check, now I gavent signed the new cobtract, but would like dome advice on where I stand to them serving me notice, is it 6 months ???
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

What type of contract did you sign originally?
Customer: replied 4 years ago.

Assured shirthold tenancy aagreement

Expert:  Remus2004 replied 4 years ago.
Thank you.

You will be on a periodic tenancy agreement if this has rolled over from an AST.

That will mean that he will have to give two months notice by serving a s21 notice upon you.

Is that all you wanted to know?

Jo
Customer: replied 4 years ago.

What bout them wanting to do spot checks, can they just turn up, also wats a s21 notice ??

Expert:  Remus2004 replied 4 years ago.
The landlord is entitled to inspect but he should give you no less than 48 hours notice by some received means.

A s21 notice is a prescribed notice under the Housing Act.
Customer: replied 4 years ago.

How do they serve me notice, is it a letter in the post ir habd given and thewhat does it entail in the letter ???

Expert:  Remus2004 replied 4 years ago.
It can be done by post but it must be in proper S21 form.
Customer: replied 4 years ago.

Whats a proper s21 form

Expert:  Remus2004 replied 4 years ago.
I'm not sure how to describe it?

A notice that complies with the requirements in the Housing Act. Its not just a letter.
Customer: replied 4 years ago.

So its a form that they have to produce? ??

Expert:  Remus2004 replied 4 years ago.
No, not necessarily. It can be in letter form but it has to contain all the correct information.

You can download them online.
Customer: replied 4 years ago.

Because I have children what if I need longer than 2 months

Expert:  Remus2004 replied 4 years ago.
Under a periodic agreement you are only entitled to 2 months but if you don't go he would need to go to court to get a possession order to get you out. That does take a period of time but you would be liable for his costs.
Customer: replied 4 years ago.

Even with children

Expert:  Remus2004 replied 4 years ago.
Yes, I'm afraid so.