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Dear all,
I have been living in a rented apartment for around 15 years, and recently my greedy landlord decided he was going to try take advantage of the stamp duty holiday and sell. On the face of it, it hasn't worked out for him.
The landlord in question also recently misled me into signing a new tenancy agreement, on the false premise that he would sell the place to another investor/landlord. After a month into the new tenancy agreement, however, he served a Section 21 eviction notice, all whilst attempting to sell the place to anyone who would be interested in buying it, all whist deliberately hiding this fact. I have since put up with a copious amount of viewings, all whilst having serious health problems, and being clinically vulnerable in the middle of a pandemic.
I have now been advised that the said Section 21 eviction notice was invalid for the following reasons, as per my solicitors advice:
"There are various circumstances in which a Section 21 Notice will be invalid, the most applicable in this instance, where it is less than four months since the tenancy started, or the fixed term has not ended, unless there is a clause in the contract which allows you to do this.
When the Section 21 Notice was served upon you, it was less than four months since the tenancy started, approximately one month into a two year AST.
However, on review of the AST, there is a clause in the contract, located on page 19, which allows for the same to be brought to a premature end, as follows:
“Landlord Break: The Landlord may give the Tenant at least 2 months’ written notice not to take effect until after the end of the first 4 months of the Tenancy and not to expire any earlier than the end of the first 6 months of the Tenancy or thereafter, advising of his intention to terminate the tenancy by serving written notice upon the Tenant in accordance with Schedule 3, Clause 5. On the expiry of this notice the Agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any breach of any pre-existing rights under the Agreement apart from the pre-existing right to a Fixed Term Contract which is subject to this Break Clause.”
Therefore, I am of the opinion that the Section 21 Notice, as served, is invalid."
So, assuming the advice is correct, what happens if I leave at the end of the invalid notice period? I really don't think it is in my best interests to stay here much longer, and my landlord is currently refusing to let me leave as soon as I find a new home, even though he has now taken the property off the market (seemingly because the stamp duty holiday has now come to an end).
I don't want to give notice myself, as that means that the Council would not assist me in finding a new home, and I need all the help I can get at the moment.
Sincere thanks.
I have been living in a rented apartment for around 15 years, and recently my greedy landlord decided he was going to try take advantage of the stamp duty holiday and sell. On the face of it, it hasn't worked out for him.
The landlord in question also recently misled me into signing a new tenancy agreement, on the false premise that he would sell the place to another investor/landlord. After a month into the new tenancy agreement, however, he served a Section 21 eviction notice, all whilst attempting to sell the place to anyone who would be interested in buying it, all whist deliberately hiding this fact. I have since put up with a copious amount of viewings, all whilst having serious health problems, and being clinically vulnerable in the middle of a pandemic.
I have now been advised that the said Section 21 eviction notice was invalid for the following reasons, as per my solicitors advice:
"There are various circumstances in which a Section 21 Notice will be invalid, the most applicable in this instance, where it is less than four months since the tenancy started, or the fixed term has not ended, unless there is a clause in the contract which allows you to do this.
When the Section 21 Notice was served upon you, it was less than four months since the tenancy started, approximately one month into a two year AST.
However, on review of the AST, there is a clause in the contract, located on page 19, which allows for the same to be brought to a premature end, as follows:
“Landlord Break: The Landlord may give the Tenant at least 2 months’ written notice not to take effect until after the end of the first 4 months of the Tenancy and not to expire any earlier than the end of the first 6 months of the Tenancy or thereafter, advising of his intention to terminate the tenancy by serving written notice upon the Tenant in accordance with Schedule 3, Clause 5. On the expiry of this notice the Agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any breach of any pre-existing rights under the Agreement apart from the pre-existing right to a Fixed Term Contract which is subject to this Break Clause.”
Therefore, I am of the opinion that the Section 21 Notice, as served, is invalid."
So, assuming the advice is correct, what happens if I leave at the end of the invalid notice period? I really don't think it is in my best interests to stay here much longer, and my landlord is currently refusing to let me leave as soon as I find a new home, even though he has now taken the property off the market (seemingly because the stamp duty holiday has now come to an end).
I don't want to give notice myself, as that means that the Council would not assist me in finding a new home, and I need all the help I can get at the moment.
Sincere thanks.
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