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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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I am a private landlord and have a 6 month AST agreement from

Customer Question

I am a private landlord and have a 6 month AST agreement from 21st Aug 15 to 20th Feb 16. This is managed through a letting agency. I told them I wished for the tenancy to end on the 20th Feb as I need to move back into the property but they 'forgot' to serve notice on the tenant (under Section 21 HA 1988) and she has been under the impression ok to stay for up to 12 months (this is an error on agency behalf). I need to access April 1st latest as I have builders booked for extension work which will take 6 weeks to complete (I have to leave my current property May 16)
I am being told if I serve 2 months notice today the earliest I can gain possession is 20th April (as 3 months required) as I needed to give notice before 21st Jan as this is the rental payment date - now goes onto a periodic rolling tenancy - is this correct and what is the earliest I can gain possession back?
Submitted: 10 months ago.
Category: Property Law
Expert:  Remus2004 replied 10 months ago.
I presume you haven't served a S21 notice already?
Customer: replied 10 months ago.
No - the letting agency have not done this hence the problem. If I serve today when is the earliest I will legally be able to gain possession?
Customer: replied 10 months ago.
sorry - mis-read. No I have not served already.
Expert:  Remus2004 replied 10 months ago.
is the 20th the rent date?
Customer: replied 10 months ago.
Payment date is 21st each month
Expert:  Remus2004 replied 10 months ago.
I am sorry but that is not good news.
If you serve notice now then it would take effect from the 21th February as you are just out of time for the 21th January.
That would mean that notice would expire on the 20th April.
I am sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
No that is fine, thank you. Just pretty cross with my letting agent who has been pretty poor throughout. Thank you for your help.
Expert:  Remus2004 replied 10 months ago.
Yes, I'm not surprised. If you suffer loss you might have a claim against them in negligence.

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