Section 21 Issued

mrginge

Guest101 wrote: »

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


Very opinionated for a 'newbie'.

What a bizarre post....

Like a cross between a really creepy stalker and a self-appointed forum dictator.

...ah it's Guest101, explains everything

G_M

mrginge wrote: »

What a bizarre post....

unless you read between the lines (which I didn't).

We all have an alter ego, dude, just some of us hide it better than others.

Guest101

Voyager2002 wrote: »

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.

I wasn't suggesting the advise was wrong, just merely have some suspicions as to the identity of the poster.

franklee

When I was served an S21 by a letting agent (LL wanted to sell) they were on to me right away to ask for acknowledgement of receipt. It sounds like your landlord's agent is pretty lax to have sent a S21 without asking you to sign and return an acknowledgement and chase it up if you didn't. This isn't a legal requirement but it's good practice in order for the agent to head off any claims the S21 wasn't sent.

After that a good agent will ring the tenant occasionally to check progress of the tenant's moving plans.

Clearly none of this happened or the missing S21 would have come to light sooner. So it could well be the agent forgot to send it first time rather than it being lost in the post. I'd hope any judge would ask for some proof of something from the agent, plus query the lack of follow up calls etc.

Plus the fact that you rang to query the lack of notice should count in your favour.

What I suggest you do is write a nice polite letter to your landlord at the address for serving of notices outlining the sequence of events, the phone calls made and when you received the notice. That way it won't come as a shock to him when you overstay the notice period. Don't rely on the agent to tell him. I suggest writing so you have some proof should you need it.

Of course you don't have to leave at the end of the S21 notice period, even if it's valid. The landlord would have to evict you through the courts etc. However given you have a good relationship with your landlord and if you explain how your moving plans are going I'd hope he wouldn't start court proceedings at first opportunity using the missing S21. Even if he does and you lose it would still buy you the extra time needed for the cost of the court fee. That's going to be cheaper than moving twice. So long as you keep him informed of your move I'd hope he'd be reasonable about agreeing a moving date that suits you both but that's less likely if he feels dumped on at the last minute.

pinkshoes

Thank the agent for the S21 received on X October, then politely point out that for this to be valid, then needed to enclose their proof of postage of the original, otherwise they need to re issue a new S21 with valid dayes giving two months notice.

martindow

danno531 wrote: »

Hopefully our purchase will run smoothly, the property is vacant, so we can just move straight in

Do you know the background to this house and why it is empty? Is this vacant as the previous owner has died? If probate needs to be obtained there could be a considerable delay.