bluetop Posted March 12, 2012 Report Share Posted March 12, 2012 I served a section 21 notice on a tenant back in 2009 for non payment of rent. Even though he's been a right pain since, his LHA top up is paid when he feels like it, I let him stay because his arrears came down. Recently he hasn't paid any of his top up, his arrears have shot up and he has gone underground. I've had enough of him. I've been told that a section 21 notice, once served, has no time limit on it. Is this true? If so, I would like to go straight for the possession order but I must b sure that the Sec 21 notice is still valid or my claim will be thrown out by the court. Anyone out there know what is correct here? Link to comment Share on other sites More sharing options...
LLAW96 Posted March 12, 2012 Report Share Posted March 12, 2012 time limit is not the issue here, validity is another matter there is a whole list of things that might effect the validty including expiry date, whether or not deposit was protected, whether the notice was uncondition, service of the notice. The pitfalls have been listed time and again on this forum. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted March 12, 2012 Report Share Posted March 12, 2012 If all is correct there is no shelf life of the S21. Be sure your T can't defend on the grounds that he had reason to believe the S21 wouldn't be used if he paid as requested. Link to comment Share on other sites More sharing options...
yellowbelly Posted March 13, 2012 Report Share Posted March 13, 2012 I was advised, by my solicitor and also by the district judge who does possession hearing in our town, to commence proceedings within nine months of the service of the notice. They both said that the notice has a realistic shelf life of twelve months and that a tenant would be safe to consider that if action wasn't taken within this time that the notice would expire and a new one would require serving. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted March 13, 2012 Report Share Posted March 13, 2012 Are you able to show the legislation that supports this ? It has long been the practice of many LL's to welcome the T's to the tenancy and then serve a S21 to put on file for any potential later use. I used to but do this no longer as I see it as a confusion of intent, bur I have used a 3 year old S21 to repossess. It was unchallenged. Link to comment Share on other sites More sharing options...
LLAW96 Posted March 13, 2012 Report Share Posted March 13, 2012 Your solicitor and judge were wrong, unless of course you mean a s.8 notice which does have a 52 week shelf life Link to comment Share on other sites More sharing options...
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