Section 21

murphy66

HI ,JUST GOT SECTION 21 VIA EMAIL TODAY JUNE 01 . IT IS DATED MAY 31. LL STATES HARD COPY WILL ARRIVE IN POST AND WE MUST VACATE ON JULY 31. IS THIS ACEPTABLE AS FULL 2 MONTHS NOTICE

PasturesNew

What are the dates on your AST?
When is your rent date?

murphy66

Its a six month contract end on july 31 . Rent due july 01. I was in told section 21 had to be in person or post giving full 2 months . Is this so ??

kissingthepink

Seems okay - you have been given two months notice. And as you say the hardcopy is in the post.

murphy66

Yes i see that but the point i am trying to get across is ....is email legal caus if so when section 21 arrives by post it will not be 2 full months notice and therefore invalid leaving ll to have to issue a legal full 2 month notice by person or post taking into account postage times .??

silvercar

I wonder if the email had a read receipt with it? Email is a valid form of communication, the problem is that it lacks proof of delivery.

Email is generally fairly instant, so if the email is timed arrival anytime after 1am I would say it was sent on 1 June. If you can show this, then I think your landlord is too late to require vacation by 31 July. Having missed that opportunity he would now required to give you notice to leave by 31 August. Whether you inform him of this now or wait until he appears on your doorstep on 31 July is a matter for you. With such tight timescales, there is the risk that a court could rule in the landlords favour.

clutton_2

why not ring him up and talk to him .....

theartfullodger

Don't ring him up and talk about the email - that just makes it clear you got the email. emails can go astray you know....

Wait till the hard-copy arrives: Check date it arrives. If after 31st May 2009 (almost certainly) then you will have not been given 2 months notice. Even if email "proof" was accepted you only got it 1st June - 1 day too late I think..

Choice time now... do you
a) Want to move anyway & will need a reference?? If so be friendly & helpful with LL and try and arrange a mutually agreeably deal (perhaps going before 31st July..)
b) Want to stay & not fussed about no ref???? Wait a couple of weeks,... write, recorded signed for, pointing out S21 arrived with less than 2 months notice & can you have 2 months notice correctly.. see how long you can spin it out... If really keen decline to leave and let LL go to court to gain possession with bailiffs: Probably take him another 6 weeks. You might find renting somewhere else then tricky...


Cheers!

Lodger

Planner

If your tenancy doesnt end until 31st July, then the dates on the s.21 are incorrect. It should have been dated 1st August.

tbs624

As Planner says your LL cannot seek repossession until *after* the expiry of your FT on 31 July, ie from 1st Aug.

Also worth noting that if your LL has yet to scheme- register any tenancy deposit paid by you, then no valid S21 may be served, even if the LL can get his notice dates/service right.