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Section 21 Notice has NOT been given!

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  • martindow
    martindow Posts: 10,603 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 November 2016 at 12:27PM
    Whilst (from memory...) Section 21 of the 1988 Housing Act talks about tenant being GIVEN notice actually it only needs to be served. Dog can eat it, fellow tenant shred it, just needs serving.

    Wonder what parliament thought they meant when voting for it....
    I suppose it has to be written in a way that judges can make a decision. It would be impossible to draft a law that required the sender of the S21 to show that the tenant had read and understood the contents of the letter. Tenants could just defend on the basis that they misunderstood or thought it meant something else.
  • I second change the locks


    I would check and see what tenancy agreement says about notice and deposit.


    If you have paid a deposit and can prove it then any Section 21 is invalid, don't give them a heads up either- wait and see what they do.


    They must refund a deposit prior to serving a Section 21 if the deposit is not protected


    The LL looks as if they don't know what they are doing - either that or the agent is useless, either way the tenant gets to stay longer.


    As said earlier WRITE to the landlord, I would wait and see as if the LL gets the idea that you are clued up he will up his game, play dumb and let him fail and have to start the process again.


    You could call the court and see if any proceedings have been issues against you- he might have used a different address.
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