Is my section 21 notice valid ?

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    Is my section 21 notice valid ?

    Hi everyone,

    I signed an Assured Shorthold Tenancy: Fixed Term 9th January 2008 for the term of 12 months commencing on 17th January 2007 (it clearly states 2007 on the agreement so I assume its a clerical error), I was served with a section 21 notice 26th August 2008 and it is due to expire 16th January 2009.

    Would the courts refuse a possession order because of a clerical error ? and because the fixed term commenced 17/01/08 and ends on 16/01/09 which is a day before, do any of these make a section 21 invalid ?

    I thank anyone who may be able to advise me

    Many Thanks Mandy.

    #2
    Most unlikely - even if the commencement date was wrong the the S.21 can only be served during the tenancy. As you are clearly still in occupation then I would say your tenancy indeed ends on 16 January next year.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      Thank you for your reply, I plan to stay until a possession order is obtained as I am finding it very hard to find suitable alternative accommodation,

      With Thanks Amanda.

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