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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My daughter has been served with a Section 21 Notice by

Resolved Question:

My daughter has been served with a Section 21 Notice by landlord on 22nd July 2015 asking that she vacates the premises she rents by 16 October 2015 or ' if later, the day on which a complete period of the tenancy agreement expires next after the end of
two months from the service of the notice.' My daughter has no rent arrears although from what I understand of the situation the original period for the Assured Shorthold Tenacy Agreement period has expired. Is there anything my daughter could do to prevent
the repossession taking place?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It doesn’t sound as if she will be able to do anything about it.
Once a tenancy has expired the landlord need only serve the s21 notice stating the correct vacation date and provided sufficient notice is given then they will be able to get an order for possession without even a hearing. This is standard once a tenancy has expired, because the tenant has no security of tenure beyond the expiry of the fixed term.
The length of notice they have given is easily sufficient to get possession on 16th October, in fact they have given much more notice than they are legally obliged to give.
.
The only way that she could dispute is if her deposit was not lodged in to a tenancy deposit scheme, because if it was not then no landlord can serve a valid s21 until it has been lodged. If it was not lodge with a scheme then the landlord would have to re-serve the s21 notice. Generally, all landlord lodge deposits these days and so I would not expect this to be an option for her.
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
Would it have helped if the fixed term had been renewed at then end of it's term and doesn't it count for anything if the tenant continues to pay the rent and adhere to the terms of the tenancy agreement?Also with regards ***** ***** deposit what happens if the landlord refuses to refund the deposit? Does the tenant have any right to withhold rent and if do does this invalidate the Section 21 notice?
Expert:  Thomas replied 2 years ago.
Hi, If the tenancy had been renewed then the landlord would not be able to get possession until the fixed term of the new tenancy expires (generally either 6 or 12 months). If the tenancy has not been renewed then the fact that they have paid their rent and not breached the tenancy does not make a difference - the tenant has no security of tenure and the landlord can simply serve a s21 notice to get possession. If the landlord proposes to make deductions and your daughter does not agree then - if they cannot resolve the dispute informally - the deposit scheme where the deposit is lodge will have a tenancy dispute process which your daughter can initiate in order to arbitrate on the return of the deposit. Tom
Customer: replied 2 years ago.
So withholding rent may just bring the repossession along sooner?
Expert:  Thomas replied 2 years ago.
Potentially, yes. Witholding rent is not a good idea.
Customer: replied 2 years ago.
Okay thanks for your advice
Expert:  Thomas replied 2 years ago.
You're welcome. Please remember to rate my answerTom
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