Landlord & Section 21 notice

lighting_up_the_chalice

Are you sure that the dates were the issue? I only ask because, as JJ has already stated, a S21 served within the fixed term doesn't have to expire on any particular date. It just has to expire after the end of the fixed term and give 2 clear months notice, both of which you seem to have complied with.

palmervegas

The letter states that the rejection is due to the dates on the section 21. If i do appeal to the courts, is there specific wording i would need to use? I did give 2 months and the 2 months were after the end of the tenancy...

BitterAndTwisted

There's no point in appealing: just re-issue a new S21 Notice with the correct dates according to the original tenancy agreement.

You might find it helpful, and advice can be sought as a benefit of membership, to join a landlords association tout suite. The cost of membership can be offset against the rental income for tax purposes.

All this assumes that you have correctly protected the tenant's deposit. If not protected your S21 will fail at court.

jjlandlord

BitterAndTwisted wrote: »

There's no point in appealing: just re-issue a new S21 Notice with the correct dates according to the original tenancy agreement.

Judges have been known to grant possession once the relevant statute had been pointed out to them.
There's no harm in trying, and to serve a new notice at the same time.

palmervegas

No deposit was involved, so we dont have that to worry about. I will start again and issue a new s21 for periodic tenancy and ensure it expires on the 12th June which gives her 2 months notice and expires on the last day of the tenancy.

In the meantime, i will call the courts and advise them that i feel i completed the s21 correctly.

Once again, thank you all for your help with this.

BitterAndTwisted

If I was a landlord I would probably choose to issue a new S21 Notice rather than take a chance on having an appeal granted. As long as the tenant continues to pay the rent in full and isn't causing damage to the property I see no particular urgency. If this tenant is focussed on getting their hands on a LA property they are unlikely in the extreme to risk any chances they may have by not paying the rent and getting a S8 in return, which is guaranteed to scupper their plans.

GDB2222

palmervegas wrote: »

No deposit was involved, so we dont have that to worry about. I will start again and issue a new s21 for periodic tenancy and ensure it expires on the 12th June which gives her 2 months notice and expires on the last day of the tenancy.

In the meantime, i will call the courts and advise them that i feel i completed the s21 correctly.

Once again, thank you all for your help with this.

IIRC, you either need to hand deliver the notice to the property by 11 April or into the hands of the tenant by 12 April. I would suggest taking someone with you as a witness.

palmervegas

Hi Again!
I have now re-issued my tenant a section 21a notice and it is due to expire on the 12th June (last day of the periodic tenancy).
I have started completing a new N5B form and section 5 asks the date of expiry, i really want to make sure i get this correct. Can anyone give me some help on making sure i put the right date?

Thanks in advance

BitterAndTwisted

You've already said that Section 21 Notice is due to expire on the 12th of June so the date of expiry on the S5 would be the same, I expect. I can't see how or why it would be different. You can be absolutely certain that this will go to court and you will not be able to gain possession until the court-appointed bailiffs are at the door if your tenant is absolutely determined to secure re-housing by the council.

Have you joined a landlords association yet? Membership gives you access to experienced and qualified advice, which is what it sound like you will need. You have no way of knowing whether the advice you are receiving on this forum is either, bar taking it on trust. I know what I'd be doing......

DVardysShadow

palmervegas wrote: »

Hi Again!
I have now re-issued my tenant a section 21a notice and it is due to expire on the 12th June (last day of the periodic tenancy).
I have started completing a new N5B form and section 5 asks the date of expiry, i really want to make sure i get this correct. Can anyone give me some help on making sure i put the right date?

Thanks in advance

Oh FGS, you might as well have appealed the original S21 or issued 31 S21 notices to expire in turn daily from 30 June to 31 of June.

The time to ask this was in April, so you had everything lined up with a timetable to a hearing with all paperwork correct.

At the present time, I suggest you stick in an appeal on the original S21 as well as proceeding on the new one..