Section 21 advice

suestew

Our landlord gave us notice a few months back, the section 21/form 6A was not attached to the email. Does this mean we haven't legally received notice? 

moneysavinghero

How much information has the LL given you? They don't have to use a form 6A but they do have to give you the same amount of information that is contained within a form 6A. If they had not then no they have not given you proper legal notice.

*This applies to England. In Wales no form 6A is needed just notice in writing that they are giving you notice under section 21.

theartfullodger

Check whatever info you were given in the "notice" and see if it passes all these tests..
https://nearlylegal.co.uk/section-21-flowchart/
MANY many s21s are invalid.
- I doubt it would.  Does tenancy permit serving notice by email anyway??

'phone Shelter free helpline 0808 800 4444 to check if it's OK;

Even if valid (many are not) an s21 does not end  a tenancy nor compel tenant to leave.   Do nothing until after expiry then see if landlord starts court action (you'd get something through post from court).

suestew

moneysavinghero said:

How much information has the LL given you? They don't have to use a form 6A but they do have to give you the same amount of information that is contained within a form 6A. If they had not then no they have not given you proper legal notice.

*This applies to England. In Wales no form 6A is needed just notice in writing that they are giving you notice under section 21.

nothing really, other than this is notice to vacate, no date or any other information. So assume they would have to give proper notice now and depending on when that is sent, we would have either 6 months or 4 months notice from then?

Murphybear

moneysavinghero said:

How much information has the LL given you? They don't have to use a form 6A but they do have to give you the same amount of information that is contained within a form 6A. If they had not then no they have not given you proper legal notice.

*This applies to England. In Wales no form 6A is needed just notice in writing that they are giving you notice under section 21.

Read this, it’s from the Shelter website

” The section 21 notice must be on Form 6A. 

Your landlord doesn't need to give a reason for wanting you to leave. 

But they must follow certain rules if they want to give you a section 21. For example, protect your deposit and give you a gas safety certificate. 

Notice periods have changed several times because of coronavirus.

How much notice you're entitled to depends on when you were given notice.

When you were given notice	Minimum notice period
On or after 1 June 2021	4 months
Between 29 August 2020 and 31 May 2021	6 months
Between 26 March and 28 August 2020	3 months
Before 26 March 2020	2 months

Most section 21 notices received before 29 August 2020 are no longer valid.

A section 21 received before this date could still be valid if your landlord started court action within 6 months of giving you the notice.”

[Deleted User]

Notice received by email. Have you agreed to this?

suestew

[Deleted User] said:

Notice received by email. Have you agreed to this?

Agreed as in that we will move or how we receive notice? 

Slithery

Agreed on how you receive notice.

Unless email is stated as an acceptable method of serving notice in your tenancy agreement then it has to be by post.

moneysavinghero

suestew said:

moneysavinghero said:

How much information has the LL given you? They don't have to use a form 6A but they do have to give you the same amount of information that is contained within a form 6A. If they had not then no they have not given you proper legal notice.

*This applies to England. In Wales no form 6A is needed just notice in writing that they are giving you notice under section 21.

nothing really, other than this is notice to vacate, no date or any other information. So assume they would have to give proper notice now and depending on when that is sent, we would have either 6 months or 4 months notice from then?

Then it is invalid. You could either inform your LL it's invalid now or wait till it gets to court for him to find it's invalid. Depends how much extra time you need. It could take another 6 months from when he thinks the S21 ends to him actually getting to court.

moneysavinghero

Murphybear said:

moneysavinghero said:

How much information has the LL given you? They don't have to use a form 6A but they do have to give you the same amount of information that is contained within a form 6A. If they had not then no they have not given you proper legal notice.

*This applies to England. In Wales no form 6A is needed just notice in writing that they are giving you notice under section 21.

Read this, it’s from the Shelter website

” The section 21 notice must be on Form 6A. 

Your landlord doesn't need to give a reason for wanting you to leave. 

But they must follow certain rules if they want to give you a section 21. For example, protect your deposit and give you a gas safety certificate. 

Notice periods have changed several times because of coronavirus.

How much notice you're entitled to depends on when you were given notice.

When you were given notice	Minimum notice period
On or after 1 June 2021	4 months
Between 29 August 2020 and 31 May 2021	6 months
Between 26 March and 28 August 2020	3 months
Before 26 March 2020	2 months

Most section 21 notices received before 29 August 2020 are no longer valid.

A section 21 received before this date could still be valid if your landlord started court action within 6 months of giving you the notice.”

The must be on form 6A means it must be 6A that is used and not 6. It does not have to be served on the actual form - you can provide the same information in a letter also.
https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/

suestew

Thanks all for advice