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New court case effecting section 21 notice


Grampa

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Cheers Grampa,

I'm reading and trying to understand the article and it takes some to get my head round it.

1st point is according to my (pc) calendar the 1st January 2012 was a Sunday, not the Saturday stated. This would mean there would be no need to consider the 'saving clause'.

What is the s21(2) ? The usual 21(4)a and 21(1)b I'm familiar with but this one is new to me.

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I think the up shot is the court will accept a s21(1b) during a periodic tenancy (normally s21(4a) used) and it doesn't matter if the date is incorrect as long as at least 2 months is given.

The trouble is how long before this info works it way down to judges at the local courts. They cant get it right now at times with established law.

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It's good you can make us aware as by quoting the case, if needed, the judge should find in favour.

A quick google when he retires for his cup of tea should confirm it ??

Mind being a smart assed LL will no doubt p him off.

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  • 2 weeks later...

This ruling ....(Spencer vs Taylor) is very significant.

Provided the tenancy started as a standard AST, we can now :-

1. Use an S21(4)a OR an 21(1)b regardless of dates or situation.

2. Not have to provide 2 months notice ending on a rent day.....provided at least 2 months notice is given

It virtually removes the two most common opportunities for mistakes ......issuing the wrong notice &/or using the wrong dates.

Life just got a whole lot simpler for those of you who find a need to issue these documents.

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I would still be inclined to use the current way of using the s21 process (unless you have a good reason not to) and not take the gamble that you may or may not get a ignorant un-informed judge and have to explain to him the law or go down the appeal process.

The thing is previously if you had the saving clause you didn't have to worry getting the dates incorrect and you could also use a generic s21 that covered both notices.

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Well thankfully I've not had much need for S21's over the years BUT......if I did then surely having to explain the relevant case law ruling to the judge is always going to be the fun part of taking court action.

After all, it ain't no fun finding yourself in this situation in the first place......at least this now gives landlords a chance of getting some enjoyment out of a disaster.

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The trouble is a s21 hearing unless defended by the tenant is heard without landlord or tenant having to attend, by a judge sitting down with his tea and biscuits. He then rules against the landlord because he is not up to date with current case law and the poor landlord (not you RL :rolleyes: ) has to go down the appeal process which is more time and money.

But in the long run I think the Spencer vs Taylor case is good for landlords.

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I suspect that will be the way to go.

The s21(4)a we use at present doesn't need a date entered due to another court case but has certain wording.

But at the bottom of the notice it lists the court case and the extract from the case.

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