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Section 21 notice before I've moved in?

(7 Posts)
Frequency Thu 14-Dec-17 08:48:02

Why would my lettings agents do this?

When I moved in, three years ago, the lettings agents gave me my tenancy agreement and a few other bits of paper in a plastic wallet. I read and signed the tenancy agreement and looked at the other bits of paper, which were mostly details on energy suppliers and bin dates etc. Stupidly, since then, I have never looked in the plastic wallet.

I've now applied for social housing, due to wanting more security and being a bit fed-up of paying over the odds for a damp, poorly decorated, small home. I needed my tenancy agreement to prove my address to opened the plastic wallet. Tucked in the middle, is a section twenty-one notice, signed by the letting agent and my LL, dated the same date my tenancy started.

Why have they done this? Is it still valid if they decide they want rid of me, can they claim to have already served the required paperwork?

CotswoldStrife Thu 14-Dec-17 08:51:58

Have you had another fixed-term tenancy agreement other than the first one (so say the first one was for six months, did you sign another six months one later on) because I think another tenancy agreement would cancel the original Section 21.

Amanda89x Thu 14-Dec-17 08:53:10

I wonder if it’s been put in by mistake. I can’t see it being legal as you can’t issue one within the first 6 months of a tenancy

Frequency Thu 14-Dec-17 09:06:25

I've had no new tenancy agreements, I'm on a rolling contract now. It can't be a mistake, it has my name on it. It was also placed in the wallet in a way which you would never find it unless you opened it and took everything out, sandwiched between two final demands from utility companies for the last tenant.

LamppostInWinter Thu 14-Dec-17 09:09:17

It used to be legal and quite common to serve one at the start of a tenancy. No need to worry though, there's now a time limit to enforce a Section 21 so they can't take any action based on the one you've already had.

Bunglecunt Thu 14-Dec-17 09:19:05

Yy pre October 2015 iirc it was perfectly legal to do this and was often done as a matter of course but it will no longer be valid now so please don't worry. I had the exact same thing happen before it was banned!

Roomba Thu 14-Dec-17 09:23:03

We had this happen back when it was allowed. But in our case we were renting for less than six months as we'd had a fire in our own home. I think the landlord's solicitor had recommended it in case they had any problem getting us out again when promised (landlord didn't usually rent property out, it was a relative's house who was away for six months).

It will be invalid now anyway so don't panic.

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