Wrong date on Section 21(b)

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  • Wrong date on Section 21(b)

    I am really angry, before I found this website I paid £10 to download a Section 21(b) from another Landlord site which automatically filled in the expiry date. I now find out less than 2 weeks before I go to Court with it, that the wrong date has been filled in and I should have given 2 months notice from the day before the next rent was due. Instead of filing on 9th December (rent was due 3rd December) with Section 21 to expire on 12th February, I should have filed on 2nd January for it to expire on 2nd March.

    I am now faced with another 2 months of these people paying no rent.

  • #2
    Originally posted by Ann.C View Post
    I am really angry, before I found this website I paid £10 to download a Section 21(b) from another Landlord site which automatically filled in the expiry date. I now find out less than 2 weeks before I go to Court with it, that the wrong date has been filled in and I should have given 2 months notice from the day before the next rent was due. Instead of filing on 9th December (rent was due 3rd December) with Section 21 to expire on 12th February, I should have filed on 2nd January for it to expire on 2nd March.

    I am now faced with another 2 months of these people paying no rent.
    Lets totally clarify if you are wrong...

    Was the s21 notice served during the fixed term of the tenancy?

    If fixed term ended between 9/12/09 and 12/2/10 then the dates are fine under s21(1)b

    If the tenant is now on a periodic tenancy, they need a s21(4)a, which does need the form to show "after XXX" where XXX is the last day of a tenancy period.

    Comment


    • #3
      If the tenancy was within the fixed term when you served the notice, then it does not need to expire on a rent day. Therefore as long as it allows 2 months it would still be valid.

      It is only when a section 21(4) notice is served that it must end on the last day of a period of your tenancy.
      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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      • #4
        C'mon Ann.C - are the answers what you want?
        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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        • #5
          Perhaps Ann C is still trying to calm down ?? she was after all quite angry...

          Comment


          • #6
            Wrong date on Section 21(b)

            Sorry, thanks for you responses, I've been locked in a dark room banging my head off the wall. The Section 21(b) was issued on 9th December 2009 with a final date of 12th February 2010 which meant I could go to Court from 15th Feb, the tenancy was due to end on 2nd January 2010. The tenant has paid no rent since November 2009 and now owes me £2,000.

            The Homeless Housing Officer rang me last night to query why the Letting Agent issued another Section 21 yesterday! She confirms there was nothing wrong with the one I issued on 9th December. Tenant apparently told her he had sent me a cheque for £650 which I returned to him. She now has his number!

            Now that the Letting Agent has issued another Section 21 giving the tenant 2 months notice to leave does this void the one I issued on 9th December. The Homeless Officer has told me it doesn't and I should still issue Court proceedings on 15th February. Is that correct?

            Comment


            • #7
              NOTE: Use correct references. The provisions of the Housing Act 1988 are section 21(1)(b) and section 21(4)(a). Errors may prove costly!
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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              • #8
                Wrong date on Section 21(b)

                Thanks Jeffrey. I issued the Section 21(b) which I am assured was perfectly correct, despite what the Letting Agent says. I believe that the Letting Agent yesterday issued a Section 21(4)(a) which is tied into the rent date and why they said it had to be issued yesterday afternoon as this month's rent is due today. I have asked them to send me a copy of what they issued.

                The Homeless Officer who spoke to the tenant, rang me to give me a phone number of a solicitor they work with and who advises Landlords. He has told me that the Homeless Officer will not be raising any objections to me issuing Court papers on 15th February after the Section 21(b) runs out and he is going to talk me through completing the N5(b).

                Sounds too good to be true that I can go to Court with the Section 21(b) after the letting agent has issued another notice.

                Comment


                • #9
                  I haven't read all the details, but worth checking with a legal expert if your S21 is correct.

                  I filed a S21 via a local solicitor, the notice was served and I subsequently filed to the court. The court issued letter to T, with a 14 days response time. T provided no response, but as T remained in property, I then filed for possessoon (another 4 weeks)....after possession period expired, I then applied for warrant......AND then to my amazement the judge rejected my request for warrant of possession stating my original S21 was invalid as the term on (or after) and date listed were wrong!!!!!!!

                  I wrote to the courts asking why did they wait until the last moment before telling me my S21 was incorrect.......still no response........

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