Section 21 Notice - Validity?

[Ed Reardon]

Hello all,

Bit of a messy issue here, and I've got a horrible feeling that this may be a touch unique; I'll try for advice anyway and anything is most helpfully received.

We've had an annual Assured Shorthold Tenancy on the property we live in for the last three years, this met it's third anniversary around one month ago and I visited the letting agent to pay the charge (never been sure what this is actually for) and resign another AST for six months; my wife could not make the appointment due to a work issue however I signed the contract and advised them my wife would be visiting the agent in the coming days to sign the contract as well.

Unfortunately, within a few days (and before my wife could attend the agent to sign the contract) our landlord passed away, the house was immediately passed to his next-of-kin who within a few days had arranged viewings for the property with a view to sell. The letting agent (also acting as sales agent of the property) advised us that as my wife had not signed the contract the contract had shifted to a 'periodic contract' but that the potential buyer for the property was a BTL landlord and would almost certainly keep us for the duration of the contract?

Suspected BTL landlord viewed the house twice, first time pacifying us about how they're a "good landlord"; second viewing they started measuring the garage and seemed very concerned with details that wouldn't affect somebody NOT living in the property. Lo-and-behold today a 60-day Section 21 notice has landed on my doorstep with them reclaiming possession of the property in sixty days.

Now, the slightly underhand sentiments of the new buyer aside, do the following legally follow;

1) Only one party had signed the contract, does that make the whole tenancy void? Can I claim that I still hold a valid tenancy (even if my wife doesn't?)
2) The 'Section 21' notice issued says under notes "Where an assured shorthold tenancy has become a periodic tenancy, a court must make an order for possession if the landlord has given proper notice in this form". Can somebody explain plainly how that works?

We've been good tenants, a faultless payment record and have kept the house as we found it. We're a young 'professional' couple who have started arranging their own mortgage - however we had planned to stay in this property until the natural lapse of the contract to allow time to find and purchase a property of our own; even more 'miffed' that the letting, and sales agent have also been our mortgage broker until this point.

Any advice welcome!

Cheers,
Ed

[Crazy council]

Re: Section 21 Notice - Validity?

interesting questions these

1) Only one party had signed the contract, does that make the whole tenancy void? Can I claim that I still hold a valid tenancy (even if my wife doesn't?)

Did the agent or landlord sign it

2) The 'Section 21' notice issued says under notes "Where an assured shorthold tenancy has become a periodic tenancy, a court must make an order for possession if the landlord has given proper notice in this form". Can somebody explain plainly how that works?

regardless, they can still give you 60 days noticei using other grounds, even in a periodic tenancy

We're a young 'professional' couple who have started arranging their own mortgage

its maybe, becuase the agent has been your broker, they can help ussher things through.

There is not a lot you can really do apart from delay the process to make sure your ready when you leave. The agent probebly has there hands tied by the reletive that just want the money, understandable really, just very hard on you.

[Ed Reardon]

Re: Section 21 Notice - Validity?

[MENTION=60653]crazy[/MENTION]_council

Yes, the agent did sign it, infact I'm almost certain they gave me a copy of it, as I left the letting agent they just remarked "it' not urgent, just get your wife to pop in whenever, it's just a formality...."

I really need to find where I put that!

Essentially they signed 'for and on behalf', I signed as tenant A, my wife has not signed as tenant B.They've claimed this makes the entire contract void.

[Crazy council]

Re: Section 21 Notice - Validity?

mm, i dont think it makes it void, if at least one tenant and the agent signed it. ( i was an agent for many years )

I dont think it makes much difference though, s there are a number of grounds that they could serve the notice on. Although possibly not before 6 months, but dont rely on on that.

[MissFM]

Re: Section 21 Notice - Validity?

I agree with Crazy that the contract is binding. All the ingredients are there - you all knew what you were agreeing upon, a binding oral contract was in place and the second signature a formality etc..

This means that the section 21 could not take effect until the end of the 6 month AST. If he wanted to evict you on other grounds he would have to serve a section 8 and prove those grounds in court if you didn't accept them.

In any case, should you choose not to leave at the end of the notice, he would have to go to court for an eviction order and then, should you still choose not to leave, use Enforcement Agents to evict you. Not recommending that course of action, btw, (unless you were desperate and homeless) as there would be consequences both in terms of costs against you and future references.

There's nothing to stop him offering you money to end the tenancy early, though x