section 21 of the housing act

BitterAndTwisted

Yep, I think I was right about the OP still being there for Christmas.

ETA: Considering the deposit-protection issue I'm wagering a tenner that our OP will still be there at Easter. Any takers?

teeni

50plusabit wrote: »

I hope this all goes well for you. If the dates on the section 21 are 18th Sept for possession on 19th Nov, then her solicitor has got the dates incorrect. You have to be given 2 months notice, and if the section 21 was served on 18th Sept the end date should be 17th November, not 19th. Also the notice has to be served before the first date 18th Sept. By serving you the notice today also makes it invalid.
Speak to your solicitor, dont speak to your LL about this, it is her problem that she and her solicitor have not got it right.

Hi Nearly right the o/p said the tenancy start date was the 25th so the date should be after the 24th November, if the deposit hasnt been placed in a scheme the notice in not worth anything any way, and will have to be re issued AFTER the deposit has been placed in a scheme.

BASFORDLAD

I wouldnt worry about the odd day, but i would start action about the tennancy deposit scheme. Get some proper advice and advise her your taking her to the small claims court over it....

DONT LET THIS GO!!!!! YOU WILL BE BETER OF IF YOU FOLLOW THIS THROUGH.

I think theres enough advice (free) to get you through the whole process without having to worry or get stressed.

tommy75

BASFORDLAD wrote: »

I wouldnt worry about the odd day, but i would start action about the tennancy deposit scheme. Get some proper advice and advise her your taking her to the small claims court over it....

yer, court, game, set and match.

franklee

clutton wrote: »

""
Clutton: the S21 was served today but dated yesterday."" - i had not spotted that one !

but what i did spot is that the tenancy started on 25th of the month in OP post#1 so all of the dates on this Section 21 are wrong anyway !!!

If a Section 21 is served during the fixed term it just has to be a minimum two months notice ending after the fixed term and does not have to tie in to the end of a period.

The OP's tenancy started on 25 April 2009 and the LL originally wanted the OP out on 24th Oct so I'm guessing it was a six months fixed term and therefore the S21 was served during this fixed term. The S21 notice can therefore ask for possession after any date provided it gives a minimum of two months notice.

However as others have said above the S21 should not have been backdated.

nicky143, May I suggest you work out what you wish to achieve and give things a push in that direction.

The current S21 is invalid for two reasons:

1. It was backdated so didn't give the required minimum two months notice. Also you told the council you didn't have an S21 a couple of days ago and this was confirmed to them in the phone call they had with the LL.

2. The deposit isn't protected. If you want the council to rehouse you and if they make you stay till the bitter end then the chances are the lack of deposit protection will be picked up when a judge looks at the the request for possession and you will all be back at square one.

So if you want to be properly evicted sooner rather then later to get rehoused you may want to raise these issues with the LL. If you want to stay as long as possible then keep quiet.

franklee

teeni wrote: »

Hi Nearly right the o/p said the tenancy start date was the 25th so the date should be after the 24th November,

Noooo it's not a periodic tenancy yet. The S21 was served during the fixed term so the date does not have to be tied in to the 24th.

**Upsy_Daisy**

BitterAndTwisted wrote: »

.

Clutton: the S21 was served today but dated yesterday. That can't be correct can it? You can't serve a S21 retrospectively, can you? And the miserly old bint hasn't mailed it by recorded delivery so unless half the street were there as witnesses, she won't have any proof it was ever delivered.

S21 notice does not have to be sent by recorded delivery - many people do not collect recorded delivery items.
We serve all ours by hand through the letterbox (not even handing it to the tenant), even service through a communal letterbox is considered a valid method of service if that is the usual way the tenant receives their post.
As long as the landlord stamps and signs their copy of the notice when, where and how it was served it is valid.

When they go to court they will be under oath and confirm the notice was served

clutton_2

""As long as the landlord stamps and signs their copy of the notice when, where and how it was served it is valid.""

having a witness statement that you so posted is also a useful adjunct to your case

teeni

franklee wrote: »

Noooo it's not a periodic tenancy yet. The S21 was served during the fixed term so the date does not have to be tied in to the 24th.

Your right of course, I Should have read the original post properly
Thank god I am not in work I would have been really repremanded for that mistake.
Sorry

BASFORDLAD

keep us posted!