Section 21 and New Tenancy agreement

Tenant Discussion
1

I have been a tenant in a property since 2009, since 2010 have been on a statuary periodic agreement. My Landlord is now requesting I sign a Tenancy agreement, he wants to issue a section 21 notice and has the rules have changed recently is now requesting I sign a new agreement. I am wondering whether this will be backdated, What is the correct process so the section 21 Notice is valid?

Is it okay to sign a backdate agreement/ or should I have a current one?
What documents do I need from Landlord before signing new agreement
Is it better to continue with Periodic Agreement. (mine would be statuary periodic).

What is the correct process so the section 21 Notice is valid?

2

Do not sign a back dated agreement. He shouldn’t be doing this.

He can serve a S21 on a periodic tenancy and because of Covid I believe the notice is four months.

If he wants you to sign a new agreement, as the minimum is usually 6 months, it would actually take longer for him to get you out.

1 Like
3

Has your Landlord actually told you he wants to issue a S21?

4

Yes, selling the property

5

That is what I thought, so was wondering whether because of Covid the rules for statuory periodic agreement had changed when issuing a S21.

So basically: as my tenancy started in 2009, and has been a periodic tenancy since 2010. All my landlord needs to do is serve the Section 21 with a minimum of 4 months notice.

Everything else does not apply? Is my understanding correct?

6

The notice period for a s21 is 2 months as of 1 October 2021. The government does reserve the right to change at any point.

7

Documents served by landlord in advance of contract commencing
Gas certificate
EPC
How to rent guide
It is unlikely he serves you a backdated agreement but a new one.
He can serve a s21 on a periodic

8

My guess is that this landlord doesnt know what he’s doing. Signing a new agreement is usually the opposite of what a landlord should do if they want to serve a s21 notice. He probably thinks he had to do this because of not serving the various prescribed documents at the start of the tenancy.

If you are willing to leave then I suggest you strike a deal with the landlord to leave on your terms when you have somewhere to go. Otherwise, it’s not in your interest to sign a new agreement.