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Confused on my section 21 notice!

So my landlord gave me a section 21 notice via email.

Is this valid?  I need to be out by mid September ( she has given me 3 months notice)

Tenancy started March 2017,

Would be grateful for any advice .Thank you. 
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Comments

  • I'm sure someone will come in and put the links in for you.

    But the first question is.... what does your tenancy agreement say? Can notices be served by email or writing only?

    Secondly, mid September is 2 months away.

    Finally, an S21 doesn't bring the tenancy to an end. It allows your landlord to apply to the courts to get their property back. You don't need to be out at all. In fact, as long as you continue paying rent, it could be well into next year before your landlord gets a hearing. If the S21 is invalid, Checklist here , they may have to start all over again and it'll be thrown out of court!
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Does your tenancy agreement state that email is a valid method of serving notice?
    Please read...
    Ending/renewing an AST
  • Will read my agreement again thanks 
  • Robbo66
    Robbo66 Posts: 490 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    if you tenancy agreement mentions notice can be served by email then yes it would be valid providing all other criteria have been met.
  • Hey guys, had another look at my tenancy agreement. Apparently, there's no mention of how the LL is meant to give me the section 21 notice.

    If I could upload a SS of my tenancy where it mentions possession of the property (not relevant )

    Could somebody please advise? 

    Thank you all x


  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 18 July 2022 at 4:20PM
    So based on your highlighted clause above, the S21 must be served by registered or recorded delivery, or by hand delivery at the property
    So my landlord gave me a section 21 notice via email.

    Is this valid?  Not based on the TA you have posted
    I need to be out by mid September ( she has given me 3 months notice) No you do not, even if it were valid. (see link below)

    Tenancy started March 2017, OK
    Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    S21 checklist (Is a S21 valid?)



  • Schwarzwald
    Schwarzwald Posts: 639 Forumite
    500 Posts Third Anniversary Name Dropper
    Probably best to not even acknowledge the email and leave it unanswered so you can make the case in [2] months that the notice was not served correctly in any case

    but your reaction also heavily depends on whether you like to stay in the property or not?!
  • Probably best to not even acknowledge the email and leave it unanswered so you can make the case in [2] months that the notice was not served correctly in any case

    but your reaction also heavily depends on whether you like to stay in the property or not?!

    Yes, this will buy me more time. I won't remind the LL about the S21.

    I want to move out, there are repairs that the LL refuses to do saying it's costing them too much to rent the house to me when there are things that need fixing. The house is so old, it's falling apart. She would always moan when there was a problem. One day the front door fascia came tumbling down and there was a pile of rubble outside on my door mat. It had missed us by about 5 minutes. She refused to fix it. From then on she was looking for ways to oust us, first by suggesting that we pay her more rent or that we move out. Next thing was that I dreaded getting her emails as there was a bad vibe.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 18 July 2022 at 8:54PM
    But I imagine you have escalated the repairing issues yes? To Environmental Health etc? If EH served an improvement notice, that too would invalidate the S21. 'Revenge eviction' was banned by the Deregulation Act 2015 S33.
    Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018

  • UPDATE:
    So original S.21 notice sent by email on 18/6 isn't valid as far as my contract is concerned. It states that the notice is to be sent by post and registered delivery. It wasn't. 

    LL is hassling me and insisting that the builders will come into the house a day after I'm supposed to have moved out (she's given me 3 months 'notice' so I'm meant to be out by 18/9) I told her she cannot come inside the house with her builders as long as I'm in there and while I'm still paying her rent. She's literally saying that she can and will. She's also insisting on me giving her a date when I leave so she can catch a cheap flight to get to me (she lives abroad ) 

    Her house is on the market and she's apparently horrified because I haven't done a deep clean, there are 5 of us living here and there is bound to be lots of boxes around here. She's saying the house can't sold or viewed due to this. Her estate agent is feeding her all this information. 

    I pointed out her mistake on sending the notice and she's annoyed that I didn't tell her this before hand when it's clearly not my responsibility. I've asked her to reissue the notice and she's sending me screenshots from the council saying the notice is valid. Next she's saying that she's suddenly remembered that she DID send a recorded delivered notice signed by them both which is a lie. I've received nothing in the post, no foreign postage mark and nothing in my name. I've never opened any of their mail and they know this. If they HAD sent the notice by post,  I'd have signed for it. 

    I've politely asked her to reissue the notice which will give me more time, as it is, finding a rental property is so difficult. She needs to reschedule the builders and stop hassling me. I'm within my rights in standing my ground and not giving in. 

    Icing on the cake is, she's now offered me money to  hurry up and get out. 

    What can I do now except wait for the notice? 

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