Section 21 Notice – Do we have a right to stay? | The Tenants' Voice
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Section 21 Notice - Do we have a right to stay?

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837 views 1 replies latest reply: 27 April 2015

Hi all,

We have been given a Section 21 Notice in the last few days, but last year we agreed via email to a three year extension on the lease.

We moved here in October 2009 and have always paid our rent on time and have no arrears. We’ve made various improvements to the property and have never had any complaints either from neighbours or the letting agents.

We moved in on an AST tenancy which is now periodic.

In March 2014 I communicated via email about having new carpets put into the property as the old ones were riddled with Moth eggs in places, and bare/patchy where they had eaten the carpet away. The house had quite a big Moth problem.

We negotiated with the Agents and LL to have new carpets installed and came to an agreement on a 60/40 split in costs. At this time and before going ahead with sourcing the new carpet and having it installed we also asked for a 3 year extension on the lease which we were under the impression of having secured.

The following emails which I have a copy of in Outlook regarding this are as follows…

Letting Agent:

“I have spoken to the clients, they would be willing to put £400 towards the carpet price (uplift, removal, supply and fit). Would you be interested in this amount to be paid from them and you put the rest in?


If so we can arrange for this to be paid from Affitto, they would be happy to do another 3 year lease.”


I wrote back stating:

We would like a 5 year lease please, can you put this to the Landlord?

And then received a reply from the Letting Agent saying…

Unfortunately they can only do 3 years at this time, but should there not be any problems they will be happy to continue thereafter.”

With this being said we proceeded to go ahead to the local carpet store and have the carpet put in.

Fast foward around a year later and we have been served with a S21.


Would this stand up in Court ?

I would be most grateful if anyone can shed any light on this please.

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Hi Joel

You really need to speak to a solicitor about this – try a free law centre or have a consultation with a solciitor (the first one should be free). Check the Law Society for reigstered professionals near you.

As a non-lawyer I’d say you might have a case, especially as you’ve arguably suffered loss – take a look at this blog which seems to support it. On the other side of the coin, I’m not sure if that would prevent the section 21 procedure being effective – get a legal opinion as suggested.


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