Section 21 question

RIPironman

Sorry to post again.....

My notice letter from my landlord was received on 28th May but the date he has asked us to leave is 27th July. Should it not be 28th July ?

I'm hoping this makes the Section 21 notice invalid as I need to extend how long I stay here .

I spoke to Shelter who told me the notice is valid and gave me some other great advice but I hadn't noticed the date error at that point.

Pixie5740

28th May to 27th July is 2 months. 28th May to 28th July is 2 months + 1 day.

RIPironman

Yeah I guess it would be. Oh well, she'll just have to start a possession order.

G_M

Belongs at the end of....

https://forums.moneysavingexpert.com/discussion/comment/70742882#Comment_70742882

franklee

Pixie5740 wrote: »

28th May to 27th July is 2 months. 28th May to 28th July is 2 months + 1 day.

28th May to 27th July inclusive of both end dates is two months. There's the question of if the date of service is included in the notice period or not. I've heard of notices being rejected as it was not but do not know the definitive answer. However if the notice is asking the OP to leave on 27th July I'd say a notice served on 28th is too short. If the OP was asked to leave after 27th July then at least the 27th as last day is fully within the notice period.

However RIPironman date of receipt isn't necessarily the same as date of service - so how was it sent? e.g. First class post is deemed served two working days after posting regardless of if it arrives earlier, later or not at all. So by what method was the notice delivered and on what date was it sent?

[Deleted User]

Be aware that while the Landlord will initially pay the £280 court costs, the possession order will almost certainly include an order for you to pay the LL these court costs. Mine said within 28 days.

I negotiated with the LL that the costs would come out of the deposit. If it goes as far as a bailiffs warrant, this will be another £110.

I believe you can plead poverty, but what happens then and how that goes I don't know.

You can also ask for an extension.., the possession order date is normally 2 weeks later, but it can be extended for up to 42 days, but you do have to have grounds.

I don't know how this works, but I have seen on Nightmare Tenants, Slum Landlords programme (channel five) some tenants delay issuing of Possession Order because they reported there were repairs needed that hadn't been done. Don't know what would need to be done though. And it could put court costs up.

RIPironman

G_M wrote: »

Belongs at the end of....

https://forums.moneysavingexpert.com/discussion/comment/70742882#Comment_70742882

Wouldn't be the same without you.....

RIPironman

franklee wrote: »

28th May to 27th July inclusive of both end dates is two months. There's the question of if the date of service is included in the notice period or not. I've heard of notices being rejected as it was not but do not know the definitive answer. However if the notice is asking the OP to leave on 27th July I'd say a notice served on 28th is too short. If the OP was asked to leave after 27th July then at least the 27th as last day is fully within the notice period.

However RIPironman date of receipt isn't necessarily the same as date of service - so how was it sent? e.g. First class post is deemed served two working days after posting regardless of if it arrives earlier, later or not at all. So by what method was the notice delivered and on what date was it sent?

Hi, it was pushed through my letter box on 28th followed by the same letter sent by email. The letter says the tenancy will terminate on 27th July.

King_Nothing

RIPironman wrote: »

I'm hoping this makes the Section 21 notice invalid as I need to extend how long I stay here .

It's not your house though.

RIPironman

deannatrois wrote: »

Be aware that while the Landlord will initially pay the £280 court costs, the possession order will almost certainly include an order for you to pay the LL these court costs. Mine said within 28 days.

I negotiated with the LL that the costs would come out of the deposit. If it goes as far as a bailiffs warrant, this will be another £110.

I believe you can plead poverty, but what happens then and how that goes I don't know.

You can also ask for an extension.., the possession order date is normally 2 weeks later, but it can be extended for up to 42 days, but you do have to have grounds.

I don't know how this works, but I have seen on Nightmare Tenants, Slum Landlords programme (channel five) some tenants delay issuing of Possession Order because they reported there were repairs needed that hadn't been done. Don't know what would need to be done though. And it could put court costs up.

This is the only thing that concerns me, I actually hope to be out the property no later than 2 weeks after the 27th July so am hoping that he doesn't go down that route.

RIPironman

King_Nothing wrote: »

It's not your house though.

Thanks for stating the obvious. He told us she wouldn't serve notice until a sale had been agreed so we thought we had more time to find somewhere. He knows we are looking to buy. Not sure why I should care when he doesn't really give a stuff about us.