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Been given notice to quite - seeking advice

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553 views 1 replies latest reply: 25 May 2014


I have just been issued a Notice to Quit by my landlord. The letter has arrived today, 24 May, which is also the same day that my rent is due (which has been paid automatically by standing order).

At the bottom of the notice there is the text:

“(notice to quit) on 24 May 2014 or on the day on which a complete period of your tenancy expires after the end of at least one rent period after the service of this notice”

I’m unsure what this means exactly. My understanding of a notice to quit (under Section 21) is that I should be given 2 months notice and the date should actually be the 23 May.

I’m on a rolling contract, rent period is monthly. The initial 12 month period expired about 8 months ago. The rent period on that contract was 10th of every month, and with verbal agreement we changed this to the 24th. I should also point out that the landlord has failed to protect my deposit since the start of my tenancy. (There are other complicating factors which are possibly not relevant to the issue at hand, but certainly would become relevant should the issue move to court.)

I believe if the Notice to Quit is incorrectly worded then legally it is null and void.
So my question is: What should be my next move? Should I write to the landlord informing him that his notice to quit is not valid and that I won’t recognise it? Or should I wait until he goes to court for a possession order and present my case then?

Any and all advice most gratefully received.

Thank you.

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Hi Stuart, thanks for posting in our forum.

You are absolutely correct – if the landlord has not protected your deposit, the Section 21 Notice is not valid. You should be given a minimum of two month’s notice and it should end on the LAST day of the tenancy period, not the first of a new period.

See below:

Section 21(4)(a) of the Housing Act 1988 applies to assured shorthold tenancies that have become periodic and states:

“Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied-

(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, …….., the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above”

A Section 21 notice complying with the above section should only be given to a tenant whose tenancy has become a periodic tenancy as a result of the fixed term ending. In these cases, a minimum of two months’ notice is required and the day on which the notice expires must be the last day of a period of the tenancy.

My advice is to put all future correspondence in writing (email or letter) and keep copies and accurate records of this.

Definitely write to the landlord stating that the Section 21 Notice is invalid and explain why.

With regard to your deposit, you can report your landlord to the County Courts if you believe they have not protected it, or not given you the prescribed information about the scheme in which the deposit is safeguarded within 30 days of the landlord receiving the deposit. Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator. The court may also order the landlord to pay you up to three times the deposit amount within 14 days of the making of the order.

All the best.


The above represents information derived from personal experience and should not be relied upon as definitive or accurate interpretation of the law. It is offered free of charge and may contain errors or omissions.

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