Date problem on section21

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    Date problem on section21

    Hi. I issued a section 21 notice dated 02.09.20. On it I put the date of 02.12.20 as the date after which the tenant should vacate. Do I have to reissue now or can I just extend the date to take account of the six months notice period (I issued one the week before when it was three months but they said it took too long to arrive and was classed as backdated !) many thanks for any advice

    #2
    On 2nd September the minimum notice period for a s21 notice was six months, so the notice isn't valid.

    Who said "[the previous notice] took too long"?
    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


      #3
      The housing officer in the council. Said it had been backdated. I can only assume because it was received later than it was dated. ( stupidly I didn’t get proof of postage )

      Comment


        #4
        Don't believe a council housing officer's advice about your notices to tenants.

        All notices will be received later than they're dated, that's how they work.
        But, if you didn't allow time for the post to be delivered (two working days, first class), the notice may have been too short.
        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


          #5
          So I have to start again? I can’t just wait for a extra three months from the started end date before court proceedings?

          Comment


            #6
            Originally posted by alecmartin View Post
            So I have to start again? I can’t just wait for a extra three months from the started end date before court proceedings?
            Yes, you have to start again, the second notice isn't valid.
            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


              #7
              Check new s21 against "nearly legal" section 21 checker
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment

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