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No Reason Given - Notice Requiring Possession

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419 views 1 replies latest reply: 07 August 2014
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Tenant

We have been served a section 21 (1) (b) eviction notice with no reason when we asked for a reason from the landlord. The estate agent said we passed every inspection and we have paid rent on time. After speaking with a lawyer the notice is not legal for two reasons (i’d rather not disclose for safety). We never accepted the notice, verbally or written.

This morning (06 August 14) we saw our property advertised to be relet on Right Move. Is this legal? We were under the impression the landlord cannot relet the house within 6 months of eviction under the grounds he has given us.

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Tenant

Thanks for posting in our forum. Receiving notice can be very unsettling, especially if you have been a model tenant and have no desire to move out of the property.

There are many reasons your landlord may want to end your tenancy agreement and if they follow the correct procedures, they do not have to give a reason. If you are being evicted then there are grounds for eviction (see link below).

If you have an assured shorthold tenancy, your landlord can serve you notice following these guidelines:

• Your deposit is in a deposit protection scheme
• You have been given at least two months written notice that they want the property back (‘notice to quit’) including the precise date you must leave
• The date you must leave is at least six months after your original tenancy began (the one you had on first moving in)
• You have a periodic tenancy or a fixed-term tenancy and your landlord isn’t asking you to leave before the end of the fixed term

If the section 21 has not been completed correctly, then it is invalid and the landlord needs to start the procedure again. You should inform the landlord/letting agent in writing of the errors in the document. An email would be sufficient. Keep a copy for your own records and follow up with a phone call to the letting agent. This will give you extra time to find the right property. If the letting agent is aware of the need to start the process again, they should delay any viewings to the property until the section 21 has been properly served. You do not have to give permission for viewings until the correct notice has been given, provided that you are given 24 hours’ notice and the time is convenient to you.

For more information on grounds for eviction see: http://www.thetenantsvoice.co.uk/advice_from_us/grounds-for-eviction/

Moving can be stressful, expensive and exhausting but careful planning can help things to run smoothly. Feel free to check out our articles on moving in and out and how to ensure you get your deposit returned in full.

http://www.thetenantsvoice.co.uk/category/moving-out/
http://www.thetenantsvoice.co.uk/category/moving-in/

All the best.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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