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Section 21 - Please is my notice invalid

Veeo
Veeo Posts: 63 Forumite
Sixth Anniversary 10 Posts Combo Breaker Name Dropper
in House buying, renting & selling
Hi,

Please could someone offer me some advice?

My estate agent issued my tenants a 6 months section 21 on 21/10/2020, the notice is also dated 21/10/2020 with an expiry date of 20/04/2021. Fast forward to 20/04/2021 and tenants didn't move out. Contacted a solicitor to start a possession order and they have responded saying the section 21 is invalid because the dates only give the tenants 5 months and 30 days notice not 6 months. 

Surely a month is 21st to 20th not 21st to 21st, or am I missing something? Thank you in advance x
«13

Comments

  • keiratea
    keiratea Posts: 13 Forumite
    Fifth Anniversary 10 Posts
    IANAL, but in contract law a month does generally seem to be 21st to 21st  - see e.g. ipdraughts.wordpress.com/2012/04/20/invalid-notices-of-termination-calculation-of-time-periods/ . Phrase to google is "Corresponding Date" rule.
  • Veeo
    Veeo Posts: 63 Forumite
    Sixth Anniversary 10 Posts Combo Breaker Name Dropper
    keiratea said:
    IANAL, but in contract law a month does generally seem to be 21st to 21st  - see e.g. ipdraughts.wordpress.com/2012/04/20/invalid-notices-of-termination-calculation-of-time-periods/ . Phrase to google is "Corresponding Date" rule.
    Oh wow, thanks a lot for this x
  • theartfullodger
    theartfullodger Posts: 15,936 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Month is 21 to 20
    (Compare a year: 1st to 365th, not to the next 1st...)

    Check s21 against a lot more here...
    https://nearlylegal.co.uk/section-21-flowchart/
  • Veeo
    Veeo Posts: 63 Forumite
    Sixth Anniversary 10 Posts Combo Breaker Name Dropper
    theartfullodger said:
    Month is 21 to 20
    (Compare a year: 1st to 365th, not to the next 1st...)

    Check s21 against a lot more here...
    https://nearlylegal.co.uk/section-21-flowchart/
    Thank you very much x
  • anselld
    anselld Posts: 8,715 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 May 2021 at 5:08AM
    Veeo said:
    Hi,

    Please could someone offer me some advice?
    Believe a Solicitor not an Estate Agent (or random people on the Internet).
    Hopefully the solicitor has advised to wait until 1 June and give 4 months notice.
  • GDB2222
    GDB2222 Posts: 26,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If the estate agent drew this up as part of the management service, they were negligent. Are you suffering a loss because of that?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Veeo
    Veeo Posts: 63 Forumite
    Sixth Anniversary 10 Posts Combo Breaker Name Dropper
    edited 21 May 2021 at 8:54PM
    GDB2222 said:
    If the estate agent drew this up as part of the management service, they were negligent. Are you suffering a loss because of that?
    Yes the EA did the notice and issued it to the tenants. Now my Solicitor's are saying because the notice is invalid I need to issue the tenants another 6 months notice. Only God knows if the tenants will leave after the new 6 months so that's even I longer period that I can't have my house back. I am going to sue the EA for this, Monday can't come soon enough...I am fuming. 

    The tenants are still paying rent but I just want my house back as I need to move back in. I am so sad I can't even tell you. 

    Because of Covid I can now work from home so I don't need to leave in London anymore (I was renting in London). I would be saving £450 every month on rent if I moved back into my house
  • GDB2222
    GDB2222 Posts: 26,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    A bit more info. Did you live in the house previously?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 21 May 2021 at 8:54PM
    Even if the notice is valid it will probably still take 12+ months to legally evict if they don't want to leave.
  • Veeo
    Veeo Posts: 63 Forumite
    Sixth Anniversary 10 Posts Combo Breaker Name Dropper
    GDB2222 said:
    A bit more info. Did you live in the house previously?
    Yes I lived in the property before, moved to London and then rented it out. Moving from home now so I want to move back into my house. 
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