Section 21 - Please is my notice invalid

Veeo

Thanks for all the helpful comments guys very much appreciated x

saajan_12

Veeo said:

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. 

Until a judge decides, its not 100% clear cut whether 21st -> 20th is a month or month - 1 day. 
Advice for tenants is often serve notice on first or last day of a period, so similar interpretation would suggest your notice is fine.  Ask solicitor if this is spelt out anywhere for S21 notice, or if they have any precedent from case law. 

How much are court fees? I would apply to court for a possession order anyway, and let a judge decide. Meanwhile you can serve another 4 month S21 notice from 1st June to start that clock as well.
If the first notice is accepted, then you save the 4 months and ignore the 2nd notice.
If the first notice is not accepted, then you have a proper decision from a judge, which you can use in suing the agent. Without that, they might argue that it was valid and the solicitor's advice was wrong.