is this legal/correct notice for ending a tenancy?

[GripPasser]

Fro a bit of background. I have accommodation provided by my employer. Not linked with my job or part of a contract. Just property owned by them that I have been renting for the last 6 years, on rolling yearly contracts.

They have given me notice. Verbally with a Senior Manager (We'll call her Jane Smith). then by letter from the Top Boss (Sarah Jones)

The letter says this:

"Dear Grip

With regard to your recent conversation with Jane Smith, please note that we will not be renewing your tenancy of 3, High Street* which runs out on the 31st July 2016.

Kind regards

Sarah"

(*I don't live at 3, High Street, but this is all they have put for the adrress, just the first line)


Is this sufficient for non-renewal of the tenancy. I appreciate that it is a lot of notice (5 moths) but it is "correct"?

[CocktailQueen]

What does your tenancy agreement/yearly contract say about ending a tenancy?

[EssentialHummus]

I'd have expected that they would need to serve a s21 notice (which has a particular prescribed form) in order to terminate your tenancy so, no, this doesn't look right to me.

[RudeElf]

Well they have to have the right address for starters! Theyve given you notice for a property you dont rent!

[ReallyTired]

I suggest you go to citizen's advice bureau and get them to look at your contract. Don't rely on a bunch of mumsnetters.

If you landlord wants to end an tenancy and its either an assured or a periodic tenancy then they need to issue you with a section 21 form two months before they want you to leave. If your have an assured tenancy that ends the 31st July then they need to issue the section 21 notice two months before they want you to leave the property.

[ReallyTired]

www.pims.co.uk/section-21-notice/

[Fizrim]

They don't need to give you anywhere near that much notice, so they have been kind. They still have plenty of time (months, in fact) to issue an S21 formally - why would you query the way they have given notice? Are you going to refuse to leave the property?

[GripPasser]

I'm not going to refuse to go or anything. It just feels like they aren't doing it "correctly" and people could possibly be difficult in the future.


But, if they didn't issue an S21, then I wouldn't have to leave?

Also, interestingly, when I first moved in, there was no deposit needed - so what would that mean for the part where the S21 says
"you put their deposit in a deposit protection scheme if the tenancy started after April 2007"

[EssentialHummus]

To use s21 to get you out they'd need to correctly serve the notice, with the correct period, and to claim posession using s21 the deposit must have been protected correctly and proof of protection sent to you (plus some other stipulations to catch errant LLs). Honestly, if they are your employer and you are not planning on making a stand, just use the time to find somewhere else to live.

[EssentialHummus]

*and to claim posession using s21- i.e. apply successfully for possession in court - the deposit must have been protected. (Sorry, was unclear.)

[Fizrim]

It's not compulsory to take a deposit from a tenant. Is there a reason that you are looking to catch them out on something?

[Normandy144]

If you are concerned they aren't following correct procedure re:S21 then why don't you let them know what they need to do and then everything will be above board. As it stands they have been very considerate in giving you almost 5 months notice to find somewhere new.

[EssentialHummus]

Ah thanks Fizrim, I mis-read the OP's post and thought a deposit had been taken but not protected. I think you're right - looks like LL didn't take one.

[Fizrim]

It was a cross-post anyway Hummus I wasn't responding to you just the OP.

[GripPasser]

I'm only wondering so they don't get themselves in a pickle if someone were to challenge it, as there are about 50 tenants.

[GripPasser]

No deposit was taken in my case. But I know subsequently others have paid deposits.


I agree, giving 5 months notice is considerate, and I am not planning on being difficulty. But I suspect others may.

[GripPasser]

I suspect they won't serve a s21. I have confidence that if I mentioned it to the powers that be, I'd get a blank stare!

[GripPasser]

I think it might be nice to warn them?

[Drinkstoomuchcoffee]

Look at your contract. There are different procedures for different types of tenancy. S21 applies only to an assured shorthold tenancy. Is that what you have? Deposit protection scheme also applies only to Assured shorthold tenancies. Obviously, even there, if there was no deposit, then it could not be lodged with anyone. What is your motive for querying the procedure? Are you intending to remain in the property after July?

[GripPasser]

Motive is good intentions, honestly. Just to protect them from that future arsehole who turns out to be difficult

[specialsubject]

the correct thing (England/Wales) is to issue a section 21 notice with at least 2 months notice - it can be more.

if the last renewal was after Oct 1 2015 there are many other things that need to be right to make the S21 valid.

you don't have to go when it expires, but a correct S21 then allows the landlords to start the lengthy and pricey eviction procedure.

[GripPasser]

So, if no s21, then they technically haven't given notice?