Received a section 21 eviction-anything we can do?

bayon

N79 wrote: »

No no no no no and no . Unusually dreadful opinion from you Artful.

Clearly the notice was served, the OP has received it and they have admitted receiving it. Therefore to claim otherwise is simply not true. Claim it on a court form or in court and that is perjury. Suddenly a simple LL and T dispute has put the T at risk of a criminal conviction and jail.

Arguably you have also committed an offence in your post as it could be argued you are inciting the OP to lie to the court.

Getting a S21 declared invalid on a technicality (either to do with service (eg late service) or due to a mistake in content) is a perfectly valid tactic to defend a possession case and any T that wants to do this should be supported. Lying to the court by claiming not to have received notices you have is criminal. This is not the way to deal with this issue.

Sound advice thanks. Won't be pretending we never got it. Our Section 21 appears to be issued correctly so won't be challenging it. What annoys us is that the LL and agency gave no one any indication that this notice would be given. Suddenly 16 families all have to be out around Xmas. No email notice given beforehand. If we'd been travelling, which we do sometimes for a few weeks at a time, we might have arrived back to have tno home. I wonder what your rights would be then-you haven't read the Section 21 as you were away and you received no email or text?
Anyway thanks for all replies. I'm off flat hunting.
:beer:

N79

bayon wrote: »

Sound advice thanks. Won't be pretending we never got it. Our Section 21 appears to be issued correctly so won't be challenging it. What annoys us is that the LL and agency gave no one any indication that this notice would be given. Suddenly 16 families all have to be out around Xmas. No email notice given beforehand. If we'd been travelling, which we do sometimes for a few weeks at a time, we might have arrived back to have tno home. I wonder what your rights would be then-you haven't read the Section 21 as you were away and you received no email or text?
Anyway thanks for all replies. I'm off flat hunting.
:beer:

It would not have changed the position at all. The fact that you did not receive the notice until you returned from traveling would not have affected the date on which the notice was served and would not affect the validity of that service.

The law assumes that a reasonable person will receive the notice within the 2 month period and if they don't then that is their problem for not sorting out redirection / someone to check the mail etc. Whether that is fair or not is another matter.

Good luck with the flat hunting.