Help Needed with S21 Notice - Tennant

scrummy-mummy

silvercar wrote: »

Post on an open forum and you get opinions.

In fact that is all you get, someone has said the S21 would be invalid, a judge may disagree, its a risk you take. In your situation, its not a risk I would want to take.

In your situation, I would want to move before the birth, with the baby cocooned inside me, rather than move with 2 young ones. (Obviously without lifting and packing yourself.)

Could i ask the basis of your knowledge? Do you speak from experience?

The reason i ask, is not to be rude, but if so and the judge could disagree like you think he could. What happens then? I believe that a court order is then produced that is sent to me confirming that i must leave the property. Baliffs will only turn up if i fail to heed this notice, correct?

I would love to move before the time comes, believe me as i have no desire to line the pockets of my landlord further, however i do not have anyone else to pack for me and cannot afford to pay someone to do so.

silvercar

The problem is that court cases are never cut and dry. Read on landlordzone.co.uk/forums for cases where a judge has gone against what was the perceived wisdom. Read on here of repossession cases where a judge has granted repo, even after borrowers have agreed repayment plans that their lenders told them would mean the judge would suspend a repo order.

Something that hasn't been mentioned on this thread is your deposit. If it hasn't been protected in one of the 3 tenant deposit protection schemes, a section 21 notice cannot be served.

I would love to move before the time comes, believe me as i have no desire to line the pockets of my landlord further, however i do not have anyone else to pack for me and cannot afford to pay someone to do so.

I assumed from your original posting that your partner could pack and move with you.

Personally I hate moving house and the upheaval that causees; if I had the choice I would get it out of the way ASAP. Then everyone is different and you may be more relaxed about moving.

scrummy-mummy

Something that hasn't been mentioned on this thread is your deposit. If it hasn't been protected in one of the 3 tenant deposit protection schemes, a section 21 notice cannot be served.

I thought I had mentionned this, apologies if not, the deposit has already been returned to us by the original letting agent as per the landlords instruction. We were supposed to hand it over to the landlord with the new signed contract.

I assumed from your original posting that your partner could pack and move with you

Unfortunately not

Personally I hate moving house and the upheaval that causees; if I had the choice I would get it out of the way ASAP. Then everyone is different and you may be more relaxed about moving.

I am ambivalent about moving house, of course like most i prefer to avoid the physical exertion of packing, however coming from a 'forces family' and the fact that my former career involved me working abroad for long periods, it is something i am used to and no longer get stressed about.

Funnily enough, i get far more stressed about having my babies safely!

neas

your husband cant help you pack?

Or friends and family come around to help lug the rest of it?

In your position id like to stick to my guns.. but the fact is your relationship with the landlord ahs deteriotated than come janruary... or even march (with a resubmitted s21) you will have to vacate... you know about it now.. so you can make things smoother for yourself... and get friends/family to help pack you.. if your husband is unable to help.

Dont try lifying yourself tho.

scrummy-mummy

your husband cant help you pack?

Unfortunately not, he often works away and the time he will have at home between now and the proposed date of moving will not be enough to complete the packing and dismantling of furniture required.

Or friends and family come around to help lug the rest of it?

My family lives abroad and my husbands family are too lazy, far away or disinterested. The friends i have here (we only moved to the area last year) have problems and children of their own and Christmas to prepare for.

In your position id like to stick to my guns.. but the fact is your relationship with the landlord ahs deteriotated than come janruary... or even march (with a resubmitted s21) you will have to vacate... you know about it now.. so you can make things smoother for yourself... and get friends/family to help pack you.. if your husband is unable to help.

Believe me, i WOULD like to move earlier and am not staying put through sheer stubborness or from a desire to upset my landlord further.

I just want to move as soon as I am physically capable to do so (March will be fine). I am also making preparations for the move now, such as getting in touch with letting agencies and freecycling whatever i can to reduce the amount of stuff that will need to be moved.

I do appreciate that the widely held opinion seems to be I am better off moving quickly and do not disagree. However as i am not in that position I wondered what my legal rights were, hence the question.

pinkshoes

You also need to give 1 month notice yourself, so would need to do this before 19th December to move out 19th January.

As your LL has served the S21 incorrectly, then personally I'd just say nothing. The earliest he can make you move out is 19th February, but if he doesn't serve the correct S21 before 19th December, the earliest you'll have to move out is 19th March.

If you DO want to move out on the 19th Jan, then I'd make sure you give him notice, otherwise he might decide that as his S21 is incorrect, there's no reason for you to move out!

scrummy-mummy

Gosh, thanks for that, it hadn't even occured to me!

scrummy-mummy

As your LL has served the S21 incorrectly, then personally I'd just say nothing. The earliest he can make you move out is 19th February, but if he doesn't serve the correct S21 before 19th December, the earliest you'll have to move out is 19th March.

I assume that in order to be required to move out by the 19th March, the landlord will have had to have served a correct S21 by the 19th January then?

If in the worst case (for them) they don't realise the S21 is incorrect until the moving date they have requested (21st January) would that mean that they couldn't serve a new S21 until the 19th February taking me up to the 19th April?

I will of course notify the landlord as soon as I have found another property and give the correct notice, so thanks muchly for that.

pinkshoes

scrummy-mummy wrote: »

I assume that in order to be required to move out by the 19th March, the landlord will have had to have served a correct S21 by the 19th January then?

Correct.

scrummy-mummy wrote: »

If in the worst case (for them) they don't realise the S21 is incorrect until the moving date they have requested (21st January) would that mean that they couldn't serve a new S21 until the 19th February taking me up to the 19th April?.

Also correct.

scrummy-mummy wrote: »

I will of course notify the landlord as soon as I have found another property and give the correct notice, so thanks muchly for that.

You must also give your 1 months notice from a rent date, so before 19th December to move out 19th January etc...

Good luck!