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S21 dates valid?- updated

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    DragonQ wrote: »
    Does the Section 21 notice itself have to be signed, or is a signed cover letter sufficient?
    The S21 has a space for the signature and should be signed.
  • DragonQ
    DragonQ Posts: 2,198 Forumite
    Part of the Furniture 1,000 Posts
    G_M wrote: »
    The S21 has a space for the signature and should be signed.
    Hmm my Section 21 notice has no space for a signature.

    Am I right in thinking there's no "official" Section 21 form and letting agents or landlords just put them together however they want?
  • twink22
    twink22 Posts: 239 Forumite
    So when the LA calls to arrange check out do I just tell them we won't be leaving and not let on that the S21 is invalid?

    Also do I continue paying the rent monthly (we pay from the 1st to the 1st) until we actually get evicted or until a valid s21 is issued?
  • You need to push your solicitors to complete , as has been said they have messed up with S21 but if you run over the dates for you to give notice let's say 14 th of November then you will be in effect tied for another 2 months .
    Or if it is considered a new contact from 12th of November rolling onto an SPC you too may be on shaky ground to give notice before this has actually started .
    Do the letting agent or landlord know you are buying and moving? It may save a lot of possible hassle and friction to talk so everyone knows where they are including.etting the agent and landlord know about the incorrect S21
  • RAS
    RAS Posts: 35,483 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    twink22 wrote: »
    So when the LA calls to arrange check out do I just tell them we won't be leaving and not let on that the S21 is invalid?

    Also do I continue paying the rent monthly (we pay from the 1st to the 1st) until we actually get evicted or until a valid s21 is issued?

    I would not say anything other than that you have received the S21.

    That gives you the option of moving out by the end date if it suits you.

    Or when you know the completion date, let them know when you are moving out (you have to give notice if it is after the deadline).
    If you've have not made a mistake, you've made nothing
  • twink22
    twink22 Posts: 239 Forumite
    RAS wrote: »
    I would not say anything other than that you have received the S21.

    That gives you the option of moving out by the end date if it suits you.

    Or when you know the completion date, let them know when you are moving out (you have to give notice if it is after the deadline).

    Thank you, Sorry to keep on! Would it be one months notice we would have to give from the 12th of the month, i.e. could we give notice on or before the 12th Nov to move out on the 12th Dec?
  • twink22
    twink22 Posts: 239 Forumite
    UPDATED

    Following my below post; I have just been on the phone to the agent and wanted to confirm a few things.

    Firstly, if my Contract dates state 12th May to 11th November , does that mean on the 12th Nov a Statutory periodic tenancy begins or the 13th? The agent seems to think the tenancy ends on the 12th, I think it's the 11th. They also can't see that the S21 dated the 13th isn't 2 months and that as we had one issued we won't enter into a periodic tenancy at all.

    Secondly, the LL has decided he wanted to take court action to evict us, we wrote a polite letter explaining that we couldn't move before the 11th Nov as we hadn't completed and were willing to arrange a mutual date with him when we have exchanged, apparently he found this intimidating! If he has started proceedings do we still have to give a months notice? The agent said we don't but legally I think we do.

    The agent also tried to threaten me with a CCJ!

    Thanks
  • RAS
    RAS Posts: 35,483 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The letting agents remains as competant as they were last time you posted here.

    If the contract stated the tenancy ends 11 November then a period tenancy starts on the 12th.
    If you've have not made a mistake, you've made nothing
  • twink22
    twink22 Posts: 239 Forumite
    RAS wrote: »
    The letting agents remains as competant as they were last time you posted here.

    If the contract stated the tenancy ends 11 November then a period tenancy starts on the 12th.

    She even told me on the phone she knew more than I did and had had legal training, I laughed at that!
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