Can you reject an invalid notice after accepting it?

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    Can you reject an invalid notice after accepting it?

    We have acknowledged a section 21 notice as valid but later found it was invalid due to some issues outlined here: https://www.gov.uk/evicting-tenants/...tion-8-notices
    Are we allowed to reject it still?

    Any advice much appreciated

    #2
    A section 21 does not have any effect. It is only a preliminary to proceedings. A court can only award posssession in section 21 proceedings if the notice is valid.

    Comment


      #3
      When you "acknowledged" the notice, what did you do?

      There's a difference between accepting it's been served and agreeing to comply with it (although, to be honest, not much in practice).
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Originally posted by jpkeates View Post
        When you "acknowledged" the notice, what did you do?

        There's a difference between accepting it's been served and agreeing to comply with it (although, to be honest, not much in practice).
        the situation in chronological order is this:

        1. The landlord gave us invalid notice to leave on 30th July. We then simply replied "understood".
        2. We found somewhere and emailed on 30th June and emailed him saying "the plan is to move in to new place on 30th/31st July" (bear in mind we have a 60 day notice period so this would've been invalid on our behalf)
        3. Also sent a written letter saying we are 'looking to move in on 30th July" but also gave official, valid notice in that same letter to quit for August 31st to cover our backs. In both the email and the letter, we mentioned nothing about leaving our our current flat... we only said the plan is to move in to the new place by 30th-31st july.
        4. Fast forward to 25th July, plans fell through due to the tenants not moving out on time in the new place, so are sort of stuck in a tenant jam, so are no longer moving out on 30th July and will be moving out, at latest, by the date we gave official notice to quit, but LL is now telling us we are liable to pay him compensation due to not moving out by 30th July which of course we disagree with.

        Comment


          #5
          1 - The landlord's notice doesn't have any actual effect (other than to confirm what the landlord wants). It simply enables the landlord to take legal action if you don't move out.

          2 - Although that notice isn't valid - if the landlord accepted it, that would make if valid. If the landlord didn't respond accepting it, it remains invalid.

          3 - That notice would be the same as #2 above. It's not valid notice unless the landlord acccepts it as such (because there's no mention of your intention to quit your current property). Which from the sounds of it, they don't. A notice

          4 - As long as you don't agree to pay it, the landlord can demand whatever they want. They would have to go to court to get it if you don't agree and I suspect that they wouldn't win.

          What are the dates for your rental periods, assuming your rental is now periodic?
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            T cannot serve s21 for Repo, only the LL or his Agent.

            Comment

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