Section 21 Notice

[freefall]

Hi there....

We have recently been served a section 21 notice where we are currently renting for the last three years. Our 12 month shorthold assured tenancy is due to end on 14th June and we had been discussing what to do with the agents. Because my business has been forced to close down due to coronavirus, we were not happy to committ to another 12 month tenancy until we were sure things would come back and had offered a statuatory periodic tenancy at the same rent for three months with a view to going back to 12 months assuming all was well with my business. We have never missed a rent payment in the last three years and always pay on time and look after the property very well.

The agenst served the notice on 14th May saying don't worry that they just needed to do this as we hadn't finally agreed anything with the landlords and it was just a precaution. They have now come back saying that the section 21 will stand and they want us out on 14th August.

We are very upset by this - firstly even being served an eviction notice is hugely insulting. The background to this is also, I suspect, a factor in that I had remonstrated with the agent that the rental market has clearly changed (with rents coming down) and that we would like to reduce the rent, however they were having none of this and said that if it came back on the market they would put it on for more than we are currently paying - despite my sending him a number of examples of properties on the market that are considerably reduced.

Anyway, I now also learn that the government has added another 2 months onto the ban on evictions so I am keen to understand what our rights are.

1. As we are shortly going to technically out of the 12 month tenancy do we have any rights at all?
2. Does the additional 2 months of no eviction apply to us, and therefore we should get at least until 14th October?
3. How can this be possible that we are paying rent in a timely manner and looking after the property that we can be served an eviction notice?

There does not seem to be a provision in the tenacy agreement for a contractual periodic tenancy. Each year we have just renewed.

Many thanks

[Jon6b]

You are correct there is currently a moratorium (stay) on possession proceedings until 6 months from the end of March 2020. There is a 3 month notice requirement for s21 notices see CPR s55. So there are two issues here. The notice is void because it has failed to give the 3 months notice period required under current law. However just because there is a moratorium on possession proceedings, this in itself does not mean a landlord cannot serve notice. It means the notice cannot be acted upon until the end of the moratorium.*
Not renewing the tenancy for a further fixed term means you either hold over on the same or similar terms as a statutory periodic tenancy or a contractual periodic tenancy depending upon the wording in the tenancy agreement.*

Advice to tenants served notices that are void are to say nothing and see if they try to act on it. By the time they have realised you will have a good few more months in which to find future accommodation. If they do not notice the s21 is void and* act upon it you have a watertight defence. If they do proceed to court under this notice, you must go and point out to the court the notice is void and ask for costs awarded against the landlord.

Anyway, if they don't notice they have served a void notice until August, you could be kind and point it out to them, they will have to re serve the s21 so you will have a further 3 months, which takes you up to November, then the courts will be tied up for a good few months, so I doubt you'll be leaving until January at least.Do keep paying the rent in full and fulfill all the other tenant obligations.
Hope this helps and is clear.

By the way it might be worthwhile contacting your landlord direct and having a discussion. DO NOT tell him the notice is void, but it may be the agent is trying to get it's fees by re letting the property. Some unscrupulous agents do this. In fairness it may be the landlord who wants a further year of certain letting. I prefer it so I can go away for months at a time without worrying about having to come home to deal with a void property. You should have the landlords name and address on the tenancy agreement, if not do a land registry search on the address. It costs 3 pounds and will give you the landlords name and address providing they have kept it updated.
*

[freefall]

Thnaks for that, altyhough I think they have given the requisite 3 months notice, they served it on 14th May with the notice period taking is up to 15th August. So what you are saying despite the section 21 notice saying we have to be out by 15th August, they can't actually start enforcing that until the end of September (6 months from end of March)?

[Cinderella66]

I do apologise the stay on proceedings ends 23 Aug however it might be extended further although I understand courts are concerned about the backlog so who knows. Yes they appear to have given you the required notice of 3 months so it is not void. I am sorry not sure what i was on yesterday.
Do you have gsc, how to rent booklet, epc,and prescribed information for deposit? There will be a backlog of applications and hearings so it will take at least a further 8 weeks to get to court. Don't let it get to that stage though as you will be liable for the issue fee and fixed costs as in cpr 45.

[45002]

Thnaks for that, altyhough I think they have given the requisite 3 months notice, they served it on 14th May with the notice period taking is up to 15th August. So what you are saying despite the section 21 notice saying we have to be out by 15th August, they can't actually start enforcing that until the end of September (6 months from end of March)?

You do not have to leave by a date any notice expires, 15th August or when ever.

If the LL still wants the property back, they will have to go to court obtain a possession order that is assuming All the paperwork is correct ?

Even if you don't leave by a date ordered by the court, LL would have to go back to court and apply for Bailiffs to remove the tenant.

With Covid-19 and All the delays there going to be in court system, it could be up to a year before any LL gets their property back.

[alwayssunny]

Hi Freefall - I've just come across your post on the forum and wondered whether you had an update on how this has gone for you at all? My brother has been served with a section 21 notice in July, and there are a few things that I've been looking at to challenge it.