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Landlord selling / sold house need some legal advice

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Comments

  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
    Slithery wrote: »
    Yep, that's correct.

    Thank you for clarifying that.

    May I ask, what is to stop a tenant from saying that they didn't receive a S21 or received it much later than they did?

    (I know I sound stupid but I genuinely want to understand this issue once and for all because you won't believe the number of times that this would have been useful to know)
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    and it is due to them and a few people here that lets Me know the S21 is most likely invalid
    What do you mean by 'most likely'? If I were you, I would want to be sure considering the risk you want to take going to court.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    PersianCatLady wrote: »
    Thank you for clarifying that.

    May I ask, what is to stop a tenant from saying that they didn't receive a S21 or received it much later than they did?

    (I know I sound stupid but I genuinely want to understand this issue once and for all because you won't believe the number of times that this would have been useful to know)

    Notice is considered served 2 days after posting if using 1st class post.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    You ask for proof of posting at the post office when sending the letter. It is then legally defined as served two days later (1st class).
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
    Slithery wrote: »
    You ask for proof of posting at the post office when sending the letter. It is then legally defined as served two days later (1st class).

    Thanks Slithery.

    So, in this case if the S21 had stated the "leaving date" as 7 March then it would be valid??
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Yes, I believe so.
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
    Slithery wrote: »
    Yes, I believe so.

    Thanks, again.

    You would have thought that even if a LL didn't know the importance of getting the S21 correct, then the LA would.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    PersianCatLady wrote: »
    You would have thought that even if a LL didn't know the importance of getting the S21 correct, then the LA would.

    No, you really wouldn't. You're assuming that LA's have some sort of training/qualifications but this isn't the case, you need absolutely no qualifications to become an LA, all responsibility falls on the landlord.
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
    Comms69 wrote: »
    But if you needed the tenant to move out so your sale could go ahead....

    Good point there.

    I think I would offer the tenant a decent sum for the kitchen (enough for a deposit on a new place) and then I would return their deposit in full after they had vacated the property.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
    FBaby wrote: »
    What do you mean by 'most likely'? If I were you, I would want to be sure considering the risk you want to take going to court.

    From what I know and from what people have said here it is definitely 100% invalid
    I stated most likely because who knows what the judge will say on the day of court, they might think otherwise
    I doubt they will say it is valid but who knows stranger things have happened
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
This discussion has been closed.
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