Invalid section 21 notice?

Vexr · 16 Jul 2022 at 11:51

My landlord has served a section 21 notice to end my tenancy in just over two months. However, just prior I received paperwork to sign for refunding some of my deposit (as it was >5 weeks worth of rent). As part of these documents to correct the deposit amount, a Tenancy Endorsement was signed by myself and the landlord stating that 'the Landlord agrees to let, and the Tenant agrees to take the property until 17 March 2023'. At the bottom of this document is a blurb explaining that this document, once signed and dated, is legally binding and can be enforced by a Court.

Does this mean I have a good chance of contesting the section 21 and being able to stay the full duration as agreed on the recently signed tenancy endorsement?

burtie · 16 Jul 2022 at 12:24

So you signed a new tenancy agreement? As a tenancy endorsement is something to do with insurance and the deposit change. I could be wrong.

So if your original tenancy agreement has ended the section 21 will stand.

Zenduri · 16 Jul 2022 at 12:28

As above, if this is a tenancy renewal you just signed the section 21 is valid and better start looking. If you had just moved into the place and this was the first agreement then i dont think it would be enforceable

Vexr · 16 Jul 2022 at 13:26

Yes, the original Tenancy Agreement ran out quite a while ago. Guess it was too much to hope that they'd made a mistake that would jeopardise the section 21. Thank you both for clarifying.

Zenduri · 16 Jul 2022 at 17:48

Vexr said:
Yes, the original Tenancy Agreement ran out quite a while ago. Guess it was too much to hope that they'd made a mistake that would jeopardise the section 21. Thank you both for clarifying.

Obviously IANAL, but the above i posted was a condensed version from Citizens Advice. Could always give them a ring on Monday to clarify but generally if your landlord isnt as first time landlord they wont be getting this stuff wrong.

Hope you find something soon and can get settled again

Vexr · 16 Jul 2022 at 23:14

Zenduri said:
Obviously IANAL, but the above i posted was a condensed version from Citizens Advice. Could always give them a ring on Monday to clarify but generally if your landlord isnt as first time landlord they wont be getting this stuff wrong.

Hope you find something soon and can get settled again

The property is managed by a national letting agency, who drafted the documents including the newly signed Tenancy Endorsement, so probably have to assume they knew what they were doing.

Appreciate the thought. We're looking at bringing forward our plans of buying rather than renting again, even though the market does not look favourable right now (to put it mildly).

Thought I was on a winning roll when I locked into an energy contract at September 2021 rates until 2024 too. Looks like we'll be losing that on moving.

When I signed that tenancy endorsement saying I agree to 'take the property' until March 2023, I considered it binding - that as a tenant I would not be able to unilaterally hand in my one month notice without being in breach of that contract I just signed, and had assumed it would be the same for the Landlord.