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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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Landlord/Tenant - I am a tenant, signed the TA on July 17th

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Landlord/Tenant - I am a tenant, signed the TA on July 17th 2015 and paid 1 weeks rent upfront then on the 24th I pay rent every month. It was a 12 month AST. I have been served a section 21 because the landlord wants to sell the property - by the time it expires I will be on a 'rolling tenancy' as my agreement expires 17th of July. They have served the s21 and dated it for the 17th June to expire 17th August. I was wondering whether this is valid and would stand in court in order to gain possession of the property. I am asking as my TA states that any notice given by myself or by the landlord must be two months rental period notice which would be the 24th June to the 23rd August. I have been without the use of my kitchen and oven for over 5 months and in order to raise the funds to move, I could do with any extra time should this s21 be invalid! Thank you.
Submitted: 8 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 8 months ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

Has the landlord given an alternative date often worded like this. "..at least 2 months after this notice was given to you"?

Also did you pay a deposit, and if so is it in a deposit guarantee scheme, and have you been given notification of which scheme it is in? If your deposit has not been protected or you have not been given notification of the protection the S21 notice will be invalid.

Was there more wrong with your kitchen that the oven not working? What does the tenancy agreement say about responsibility for maintaining the oven.

Customer: replied 8 months ago.
Afternoon, thank you for your response. The deposit is protected with the DPS and I have the certificate for that. The built in oven and ceramic cooking stove are not in use and have not been for 5 months, half of the cupboards were also taken away 3 months ago and never replaced. They have accepted all responsibility for it in line with the TA but its continued to be ignored. My lease was updated in July 2015 to remove my daughter as a liable tenant for rent, so they sent another lease out for 11 months - stating 18th August to 17th of July. Under this, the rent is stated to be paid on the 24th of every month. My main query is about the section 21 validity - I know there are new rules since October 2015 but as my tenancy started before this, I believed that the old rules would apply. They have used the new prescribed form for the section 21 which is why I suppose they have chosen the 17th of the month but the rent date has always been the 24th and the lease agreement states by a break clause that either LL or Tenant can end the tenancy in the 6th month.. "and at any time thereafter by giving to the other at least two months notice in writing of their intention to do so, such notice to expire on the last day of a rental period.."
Expert:  LondonlawyerJ replied 8 months ago.

Can you post a copy of the Notice?

Customer: replied 8 months ago.
I have added files - two parts from the tenancy agreement and three parts of the notice form.
Expert:  LondonlawyerJ replied 8 months ago.

I am a little confused as the notice appears to be dated 10.06.16 with the notice period expiring on 17.08.16.

If served before 17th June that would be valid.

Customer: replied 8 months ago.
The agent dated the document with a covering letter for the 10th of June, but he only delivered it by hand late afternoon on the 17th to the house. My 12 month AST began before the deregulation act of 2015 which comes into force on October 1st 2015 - so surely the new rules do not apply to my tenancy? And the fact my lease agreement states it must be given by rental period would back that up?
Customer: replied 8 months ago.
Are there others here who know specifics on landlord/tenant law who could advise on the new october 2015 rules?
Expert:  LondonlawyerJ replied 8 months ago.

The October 2015 rules do not apply to your tenancy.

The clause in the tenancy agreement does indeed seem to mean that they can only serve a notice that gives 2 months notice expiring on or after the rental period. That is said to be the the 24th in the TA.

They seem tot be using an out of date form of AST and have not complied with their own notice provisions. The NOSP is invalid.

Customer: replied 8 months ago.
Sorry for not being perfectly clear on my question! It is basically whether the new rules apply to my tenancy or not, as I have found conflicting information online. The new 6A notice form for section 21's says on it that anybody can use the form pre or post October 2015 but does not say that pre October should be in line with a rental period, as that was the rule for a long time! I do not want to over stay my welcome here and I am actively looking for another property but have specific requirements because my daughter who is 23 lives with me and is disabled. The letting agency and the owner are not willing to negotiate more time in order for me to find another home and I had a feeling that the section 21 was invalid because the tenancy is pre october and the lease agreement backs it up. Somebody with some legal knowledge had told me that the new legislation would over rule my tenancy agreement? I pretty much wanted to find a clearer answer on whether it is worth arguing over, I would be willing to fight it and visit a solicitor. They should be abiding by the previous rules on section 21 dates and also abiding by our contract. If they don't abide by the contract in terms of their obligations then what is the point in having a contract at all! Would you in your opinion say the notice is invalid 100%? Or is there more of a 60/40 situation? I haven't been to court before and just wonder whether a magistrates judge would be aware of these sorts of issues and be able to say that it is invalid because the tenancy is pre october, should it come to that. I am unsure as to whether I should stand by the fact it is invalid and take a risk by waiting a little longer.
Expert:  LondonlawyerJ replied 8 months ago.

No the person you spoke to doesn't understand the rules right. It was the case pre October that a straight forward 2 month notice period was sufficient (although it was wide spread wrong belief that this was not the case). You can get extra time through fighting the notice on the basis of the express clauses of your tenancy agreement. as stated in an earlier answer. Apologies fro the delay in replying.

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