When I did this, my solicitor sent two copies of the Section 21 notice - one by recorded delivery, the other by first class.
The recorded delivery one was never collected, and the first class one wasn't returned. The solicitor reckoned that the court would be satisfied with that. In practice, the tenant didn't dispute it.
As BobProperty pointed out, the court has to decide what happened on the balance of probabilities. By the time the matter reaches the courts, though, the tenant will have received several other letters in connection with the case and would have had ample opportunity to cry foul if they genuinely hadn't received the notice.
So far, we have received nothing from the landlady asking us to leave. The only thing we have received is the LA's letter asking if we want to renew. This suggests that now we can leave no earlier than 8th April assuming notice is served tomorrow. Am I right?
So far, we have received nothing from the landlady asking us to leave.
The only thing we have received is the LA's letter asking if we want to renew. This suggests that now we can leave no earlier than 8th April assuming notice is served tomorrow. Am I right?
As stated by others previously, I believe that it lessens the seriousness of an S21. Once it is routinely handed out tenants will simply ignore it.
When my tenant receives one 4 months into his tenancy, he will talk to his mate who received one at the start of his tenancy who tells him "Ignore it, your landlord forgot to do it at the start. I got one when I moved in to my flat 18 months ago".
Don't panic just yet. If your landlord has sent you notice it means nothing. Once your notice has expired you can remain at the property until he evicts you. The eviction process is quite lengthy so this could buy you a minimum of 4 months to find somewhere else.
The above course of action will also ensure you won't get a good landlord's reference which will make it very difficult to rent again in the short term. Make sure you consider the consequences before you do this.
You have 2 months, so start looking for a new property and ask your landlord for a reference. Start looking on the websites and register with agents. You will feel more incontrol of the situation. 2 months is quite a long time (round here!) to find a rental property.
Being difficult will only help you in the short term and waiting for a knock on the door is not going to be much fun. Refusing to leave will leave you insecure, you know you need to move eventually, even if you wait for an eviction order; better to manage the situation yourself. If you want to stay in the same area don't give yourself the reputation of being a difficult tenant. Remember a reference is useful, particularly if you have little deposit.
This is the sort of screwed up situation that the automatic turning of an AST into a statutory periodic tenancy after the end of the fixed term normally avoids, a saving option which the landlady eliminated when she served the section 21.
Nope. You're giving them a notice saying that you are ending the tenancy. Nothing speculative about it, the AST is going to end on the specified date.
What form of tenancy do you think the people have after you've terminated their AST and the initial six months have passed?
You can. You serve a S21 notice to all your tenants at the begging of the tenancy to expire at the end of the fixed term. A tenant that knows what the S21 means, knows they should leave when the S21 expires. So they leave at the end of the fixed term. You may have intended to keep them, they may have wanted to stay, but you forgot to tell them they could stay. That's what I meant. Maybe you won't forget. But then you did say without the S21 at the start you may forget to evict the bad tenants...
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