Guest corine39 Posted November 5, 2011 Report Share Posted November 5, 2011 Hi Guys Hoping someone can help. I have issued a s21 on tenant. Had to give a copy to council as they are looking to rehouse tenant. They inform me it is not valid as it does not state subsections - the title just reads section 21. It was served during the fixed term which is 13 May to 12 Nov. It was posted on the 15 September and the expiry date was after 18 November. The deposit is protected. Also the s21 was not dated. 1) Can anyone advise if the ommission of the subsection invalidates the s21. 2) I have a certificate of posting - will this be adequate proof of the date of service? Thanks for any help. Link to comment Share on other sites More sharing options...
Chestnut Posted November 6, 2011 Report Share Posted November 6, 2011 I can't advise on detail you ask - only that completing Section 21s seem to be fraught with pitfalls, which judge, local authority, etc. will use to favour tenant and oblige landlord to go through eviction proceedings. Plenty of cases discussed on this forum! It may be best to start again, with advice of solicitor. Link to comment Share on other sites More sharing options...
Richlist Posted November 6, 2011 Report Share Posted November 6, 2011 I can't help on the specifics either but would make two comments......I have no idea wether they might be helpfull to you for the future: 1. There is no legal or mandatory reason that requires you to provide a copy of your S21 to the local authority. I'd have refused to supply it or ask them to pay a small admin fee. You are not running a charity and most businesses charge for everything......so can you. 2. Because it is just so easy to get any one element of an S21 wrong I, like many others, issue an S21 at the START of every tenancy. Its drawn up by my agent....so its correct, contains the correct info, is served, is signed by the tenant etc etc....that way I know its valid. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 6, 2011 Report Share Posted November 6, 2011 Housing Act 1988 Section 21 (4) (B I can only assume that your S21 wasn't headed as above. If you serve again the correct notice before Nov 12th then it will be a (B, if after the fixed term it becomes an (A), yeh I know frickin silly innit. Dated for sure,proof of service is good enough by proof of dispatch (not signed for as often it won't be).Serve on the T, job done. What the T needs to do with it aint your problem, you've had enough of those already. Be sure the notice is clear, concise and can't have date confusion. I wouldn't give a toss if the Local council (Housing I imagine) don't like it, it becomes a problem when the Judge doesn't approve it's validity, more time and application for repossession then wasted. Solicitors are often confused by these,T's are unlikely to understand anything other than 'Repossession' as 'This Notice Expires After' takes some understanding.Even Judges confuse these things. Do your research to be sure you next notice is correct, if so the property is to be yours again, any excuse and it won't be. Sorry this site is up the swanny, layouts gone naff. Link to comment Share on other sites More sharing options...
Grampa Posted November 6, 2011 Report Share Posted November 6, 2011 The first s21 hearing i ever had a few years ago didnt state either s21 (1)( or (4)(a) and it sailed through even though it was defended and i had to appear with the landlord. It just stated section 21 etc etc. Also i helped out a landlord a few weeks ago who had served his own s21 and for a number of reason the council told him it would be advisable (the tenant was on benefits) to re-serve though I wasnt 100% sure possession would be given it still was. The council will advise a notice may be faulty just to gain a bit more time for the tenant. Some of you may not be aware there is certain precribed info that needs to be on a S21 but that is: 1. If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out. 2. A tenant or licensee who does not know if he has any right to remain in possession after a notice to quit or a notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain information from a Citizen’s Advice Bureau, a Housing Aid Centre or a rent officer. If the council are just complaining about (1)( or (4)(a) I would still go with it. Link to comment Share on other sites More sharing options...
Guest corine39 Posted November 7, 2011 Report Share Posted November 7, 2011 Many thanks for your replies guys - really appreciated! Link to comment Share on other sites More sharing options...
Guest caravanj Posted November 7, 2011 Report Share Posted November 7, 2011 Hi Guys Hoping someone can help. I have issued a s21 on tenant. Had to give a copy to council as they are looking to rehouse tenant. They inform me it is not valid as it does not state subsections - the title just reads section 21. It was served during the fixed term which is 13 May to 12 Nov. It was posted on the 15 September and the expiry date was after 18 November. The deposit is protected. Also the s21 was not dated. 1) Can anyone advise if the ommission of the subsection invalidates the s21. 2) I have a certificate of posting - will this be adequate proof of the date of service? Thanks for any help. The Section 21 notice is regarded, by the court, as being served two working days after the proof of postage date. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.