Your question
We were served notice to leave the property we rented before the 12 month contract came to an end? Does this make our contract null and void?
Your answer
No. Your tenancy will not be invalidated or made ‘null and void’ by any notice served by your landlord.
The notice may be invalid though – but it depends on the type of notice that was served:
If the notice was a section 21 notice
Then the notice will probably be invalid if the notice period ends before the fixed term.
So if your landlord were to issue proceedings for possession based on it – you would probably have a defence.
Although if this was clearly a typo type error the court might allow it – provided the court proceedings were not started until after the fixed term ended.
If the notice was a section 8 notice
Then for some grounds (in particular the serious rent arrears ground) the notice can expire before the end of the fixed term. Which will allow your landlord (if the arrears are not paid) to bring proceedings to evict you before your fixed term has ended – provided your tenancy agreement provides for this.
We have some guidance on the different notices in the article with help for tenants facing eviction below.
You may want to seek legal advice – you can either use our telephone advice service or find someone on our further services page (both linked below).
Free guide
Help for Tenants faced with Eviction Proceedings
An overview of claims for possession and tenants rights with guidance on what you should do.
30 – 50 minutes to read
See also
Didn’t find your answer? Search again:
Search Articles
Would you like to speak to a solicitor about this?
A simple and straightforward way for you to get up to 1/2 hours telephone advice from a specialist landlord and tenant solicitor.