S21 dates valid?- updated

twink22

FURTHER UPDATE

Just wanted to update with some differing advise I have received from Shelter.

Having further researched S21 of the housing act online and read many differing views of the dates that 2 months notice would start/end on I finally emailed shelter with some questions about our situation, their response in regard to the dates on the S21 is this-

'In your case, it sounds as though your landlord served the notice before your 18 month fixed term had come to an end. So, notice which was served on the 13.09.2013 and expired 12.11.2013 would count as two months and would be seen as valid'

They also didn't think that it not being signed was an issue.

On a plus point though they did also say that 'When you request more time, you could also submit evidence to the court to show that you have tried to negotiate with your landlord to avoid court. The Judge might think the landlord has come to court unnecessarily and make him pay his own costs.'

Finally we have some movement on the house purchase and should (fingers crossed) exchange early next month, so hopefully we can avoid the bailiffs!



Hi,

We have received a S21 notice for the house we rent, however I just want to check the dates make it valid - it is dated 13th September 2013 to move out on 12th November 2013 (18 month fixed contract expires 12th Nov) and was received today, should it not have been dated 12th September and/ or received by us on the 12th september to make it two full months notice or is the 13th September correct?

We are in the process of buying our own house and are currently at the stage where a satisfactory valuation by the mortgage company has been done, we have applied for the mortgage, our solicitor has the draft contract from the sellers solicitor and we are sending our identity documents to the mortgage company and solicitors.


Does it sound realistc that we will have exchanged by nov, I am concerned that we won't exchange/ complete by the end of our tenancy and we will have no where to live.

Thanks

RAS

The S21 is merely notice that the LL would like the house back. Nothing compells you to move out until they have been to court, got the court order and organised bailiffs. Three to 5 months.

Assuming they even get the S21 right and if I was you I would keep very very quiet just now.

G_M

twink22 wrote: »

Hi,

- it is dated 13th September 2013 to move out on 12th November 2013 (18 month fixed contract expires 12th Nov)


Thanks

This is not 2 full calendar months.

It is invalid and is likely to fail in court.

twink22

G_M wrote: »

This is not 2 full calendar months.

It is invalid and is likely to fail in court.

Thank you, I've just noticed that its not signed either, does it have to be signed?

RAS

G_M wrote: »

This is not 2 full calendar months.

It is invalid and is likely to fail in court.

Not that you re going to let them know this until you know what you want to move.

G_M

twink22 wrote: »

Thank you, I've just noticed that its not signed either, does it have to be signed?

Yes...........................

RAS

:rotfl::rotfl::rotfl:Oh dear:rotfl::rotfl::rotfl:

Hope the LL is not paying them good money!

twink22

It is from quite a well known large LA, although following the trouble we have had with them nothing surprises me anymore!

G_M

This just demonstrates the care landlords should take:

Letting Agents (Tips for selecting, and tips for sacking them)

RAS

twink22 wrote: »

It is from quite a well known large LA, although following the trouble we have had with them nothing surprises me anymore!

Don't say anything.

Until you want to leave (or they have a dicky fit when you do not move out).

Then write to the LL and include copies of their paperwork with an explanation.

DragonQ

G_M wrote: »

Yes...........................

Does the Section 21 notice itself have to be signed, or is a signed cover letter sufficient?