Section 21 Notice

[GandalfTheGoat]

Hello

We have been issued with a Section 21 notice as our landlord is selling the house. We have 2 months to leave. I just wondered whether we could leave any time within those 2 months or do we have to pay rent until the end of the notice / serve our own months notice to then leave prior to the end of the 2 months?

Thank you

If they have served a s21 it means they want you out... so if you ask to move out quickly I am sure the landlord will oblige

Section 21 notice doesn't mean you have to move within the 2 months if it's not possible for you. If you don't leave they have to issue eviction proceedings which can take months but could buy you time. You still pay the rent in the interim. It clearly could affect a landlords reference but that may not matter to your next place. I guess what I'm saying is don't jump because he landlord says so. Our landlord tried to issue section 20 notice but he was doing it illegally and we can stay until January 2020 which is when our shorthold assures tenancy expires. Contact shelter. They are very very helpful

Section 21 🙄

as you are presumably on a rolling contract, you can issue your month's notice on the right date relating to your rent payment. Look it up/read your agreement.

if you are in a fixed term sec 21 isn't valid and you can't leave until the end - you don't have to give notice of that, just be gone before midnight on the last day.

and yes, sec 21 is not notice to leave. Please get informed especially if you are renting again.

What gildashairflick is suggesting is legally correct but morally wrong. If your landlord wants you out then please be fair and move out when he/she asks. It's not fair to put them through stress and you'll also be stressed as they will be contacting you frequently trying to get you to leave.

specialsubject is also correct- you can provide one month notice but typically it is one month from rent due date, not one month from giving notice. Check your contract to see what it says.

If the relationship is amicable then you could ask to go earlier once you find somewhere?

"It's not fair to put them through stress"
Eh, that's part of the risks you sign up for being a landlord.

A S21 notice does not end the tenancy- it is simply a notice that the LL gives you to say they intend to seek possession. Only a court can legally end the tenancy - so if you do move out without giving correct notice- you could find yourself still having to pay the rent (unfair as this seems)

Here are the ways to end your tenancy so you are no longer liable to pay rent.

1. If you are in a fixed term contract- check to see if there is a break clause which will tell you how you can end the tenancy early.

2)If you and the LL agree to a date to leave, this is known as a mutual surrender and is absolutely fine, no-one else has to be involved and no "notice" is required whatever phase of the contract you are in.

Make sure you get the agreement in writing and ensure the LL agrees to a date that you rent liability will end.

3. If you are on periodic or rolling contract (not fixed term) then the notice you have to give to end your liability for rent will depend on 2 things.

a) If it is contractual periodic you will need to give notice according to what is stated in the contract so for example -if it says 2 months then that is what you need to give.
b) If it statutory periodic, then you will only need to give what the law says. So 1 months notice ending on the first or last day of the Tenancy period. NOT the rental period as PP has advised.

If your agreement states something along the lines of "at the end of the fixed term, this agreement will continue on a month to month or periodic basis"- then you have a contractual periodic agreement and a applies.

If your agreement says nothing about what will happen at the end of the fixed term, then you will have a statutory periodic contract and b applies.

yes, sorry , should have been clearer - if rent period and tenancy period are not the same, tenancy period applies.

tenant can end a tenancy, landlord cannot.

@roses2 yep I agree morally dubious but having just come through the other side of a major fight with our landlord illegally serving notice on us and causing immense upset and distress to us all I'm not feeling particularly inclined to consider their feelings just now our LL was happy to see us homeless in 8 weeks, I wasn't letting that happen even if it meant being taken to court. Anyway, Shelter were immensely helpful regarding the correct legal position and I would recommend anyone to seek their advice with housing/landlord issues.