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Section 21 expiring after AST termination date

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444 views 2 replies latest reply: 06 April 2015
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Tenant

We have an AST thats been extended “to and including 1st May 2015 (“the Termination Date”)” upon the same terms and conditions of the Agreement.

We have recently been issued a Section 21(1)(b) which expires on 30th June 2015 (three months, the same as the notice period on our AST).

We are therefore unsure of our rights from 1st May 2015 to 30th June 2015. We have been told by the Agency we are liable for all rent and bills until 30th June 2015 but this seems strange as our contract ends on 1st May 2015 so surely after this point it becomes Periodic and we can give 1 months notice (as we may monthly).

Please can someone provide some clarification on our rights from 1st May 2015 to 30 June 2015? We are being asked by Estate Agencies when we can move in to a new property and we are unsure what answer to give to avoid paying double rent.

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Administrator

Hi Rob

How much notice does the AST require of you? As far as I know it would only slip into a periodic tenancy if neither party had said anything (athough I’m not a lawyer( but as the landlord has given notice it probably binds you to that notice period. However, the normal notice period for an AST is two months not three – does your agreement definitely say three?

Alex

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Tenant

Hi Alex,

Thanks for your reply. Our AST definitely requires three months notice, (this was agreed in an addendum between the tenants and landlord before my time on the contract).

We have always been aware of the thee months notice but was suprised that the S61 could ‘force’ us to stay after the “Termination Date” of the contract without our agreement. If I am understanding this correctly, despite our contract referring to the 1st May 2015 as “The Termination Date”, in order for our contract to have truely terminated on this date, either us or the landlord should have given notice on 1st March 2015. The word ‘Termination’ therefore seems very misleading as nothing is terminating on this date – to me it seems more of a “Rollover Date”.

I’m not sure how we were meant to know this without being legal experts!

Rob

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