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Section 21 problem

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282 views 1 replies latest reply: 12 July 2017
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Tenant

I got served with a letter stating that i need to evict the house in 2 months. The agency says that I am not allowed to move before those 2 months and that I need to stay untill those two months have passed. Is it legal? I can’t find a home by the date they want me to leave, I found one but I need to move in right now and I do not want to pay two rents.

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Tenant

Hello,

It depends really. When you can move in is a matter of what tenancy are you running. 

Option A: You’re on a fixed term tenancy and your term ends in two months – the same time you need to move as per the section 21 notice you’ve been served.

In this case, you cannot move early because you’re still on your fixed period. The landlord doesn’t want you to move before the fixed term has finished, but AS it does finish. 

Option B: You’re on a periodic tenancy and your landlord has used their right to reclaim the property by serving you a section 21 notice with two months of time before you need to move. 

In this case, you can also use your right to end a periodic tenancy, by serving them a one month notice. It still doesn’t get you out of the property immediately, but it saves you one month worth of rent.  

Option C: Tessa Shepperson, from Landlord Law Blog has argued that by serving a section 21 notice the landlord is effectively inviting you to leave as soon as you like, but no later than two months.

In this case, your landlord will likely dispute and try to discount the rent for the additional two months from your deposit. You will have to go to court and defend yourself and I’m not sure how much ground this argument has. It may be largely the judge’s decision, which can be impacted by other things as well. 

Hope this helps. Here is more on section 21 and tenancy agreements:

http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-agreements-assured-shorthold-tenancy-ast/

http://www.thetenantsvoice.co.uk/advice_from_us/end-of-tenancy-notice-to-vacate/

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