Section 21 Issued

danno531

But if proof of posting is just a sensible precaution, it doesn't actually help with the fact that the S21 was never delivered...

G_M

danno531 wrote: »

My bad, I meant both emails were incorrect. Not the address, that was correct, on the 1st S21 that never arrived...

In that case, if the LL/agent has proof of posting then the courts would probobly accept the S21 was served (and you lost it/the dog ate it for example). Even without proof of posting, the courts may accept the S21 was served.

I repeat: the solution is to discuss your house-buying plans, and timescale, with the landlord. at the end of the day, he wants you to leave; you plan to leave; there need be no animosity or legal nastiness.......

G_M

danno531 wrote: »

But if proof of posting is just a sensible precaution, it doesn't actually help with the fact that the S21 was never delivered...

The law says the S21 must be 'served' on X date.
It also says if it is posted 1st class on X -2, then it is served on X date.

Whether it WAS posted on X date, is a matter of judgement - the judge may beleive the LL when he says it was, or may disbelieve. If he has 'proof of posting' the judge is more likely to believe.

What happened after that becomes irrelevant: the law says it WAS served, if it was posted 2 days earlier.

Yes, your dog may have eaten it. You kids may have chucked it. The postman may have knicked it. Or you may have lied about not receiving it. But the law will say it was 'served'.

Guest101

Miss_Samantha wrote: »

Hi Danno,

If the agent can prove that he sent the first notice by first class post it will likely be deemed served. The emails are a red herring.

In any case, if you do intend to leave and have a good relation with your landlord then you should get to an agreement with him to surrender the tenancy when you are ready to move (and/or to give notice to quit at exchange)

Interesting. I've noticed your posts in the past.


Very opinionated for a 'newbie'.

danno531

Its not quite the same, if my dog ate it or the kids chucked it, is my acknowledgement, of receiving the letter. I have received a copy, by registered post and this can be factually proven, but as to the other original one never arriving, if I had wanted to be difficult about it I would have simply not said anything to my landlord, as he was none the wiser, but it was I that informed him, trying to make sure things are done properly.

Pixie5740

I really wouldn't focus too much on proof of postage that the letting agency may or may not have. The fact you never received anything (until it was sent "Signed For") and it wasn't emailed suggests that the letting agent never got round to doing it the first time ergo there is no proof of postage.

Your main focus has to either be negotiating a later move out date with your landlord or finding somewhere else to rent until your purchase completes.

danno531

Thanks Pixie, I just wonder if I can request a new section 21 that gives us two months instead of 1 essentially

Pixie5740

Your Section 21 was served 16th October, it should have the correct dates on it not the dates the letting agency has put on to cover up for not sending out the original Section 21.

G_M

If the 1st S21 is ruled as invalid, then the LL/agent will have to serve a new one, with a new 2 months.

You can 'request' what you like. The LL/agent will either agree, or refer you to the original and refuse.

As for whether the 1st was 'served' or not, that is a matter for a judge to decide on the basis of any statements/evidence presented to him. His decision will also be influenced by the law, which I've previously tried to outline.

Voyager2002

Guest101 wrote: »

Interesting. I've noticed your posts in the past.


Very opinionated for a 'newbie'.

The advice given is absolutely spot-on: perhaps this poster has a good deal of relevant real-world experience, and is good enough to share it.