Section 21 question

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  • Section 21 question

    Just a quick question really, my landlord has given me a section 21 by email but says its just a formality and not to worry however its 3 months before the end of the contract and I thought it was 2.

    Also since he has sent it by email is it even valid since I thought he would need proof of receipt.

  • #2
    Originally posted by duomaxwell View Post
    Just a quick question really, my landlord has given me a section 21 by email but says its just a formality and not to worry however its 3 months before the end of the contract and I thought it was 2.

    Also since he has sent it by email is it even valid since I thought he would need proof of receipt.
    It does not matter that he has served it earlier than strictly required - do you want to move out or not? What date does it expire?

    Not sure about service by email. Suspect if push came to shove, a court would want proof of service - which is harder with email (although not impossible).

    Light bulb moment : doesn't a section 21 have to be signed by the LL, though?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Originally posted by duomaxwell View Post
      Just a quick question really, my landlord has given me a section 21 by email but says its just a formality and not to worry however its 3 months before the end of the contract and I thought it was 2.

      Also since he has sent it by email is it even valid since I thought he would need proof of receipt.
      If you don't acknowledge receipt of the email (perhaps by replying to it) then he won't be able to prove if/when it was served.

      The Housing Act 1996 (Commencement No. 7 and Savings) Order 1997 (No. 225 (C. 12)) is an amendment to the 1988 Housing act, and this demands that such a notice be in writing, but says nothing about a signature. I suspect an email that can be proved to have been delivered would be considered "in writing" in todays technological age.

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      • #4
        A s.21 notice is not valid unless the deposit is protected, and I seem to recall that your deposit isn't protected.

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        • #5
          Originally posted by mind the gap View Post
          Not sure about service by email. Suspect if push came to shove, a court would want proof of service - which is harder with email (although not impossible).

          Light bulb moment : doesn't a section 21 have to be signed by the LL, though?
          If there is provision within the AST for service of Notices by email then it's valid, providing the recipient sends a reply acknowledging receipt.

          A S.21 Notice does not have to be signed at all.
          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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          • #6
            [QUOTE=Snorkerz;201968]If you don't acknowledge receipt of the email (perhaps by replying to it) then he won't be able to prove if/when it was served.

            Interesting one. It could have been witnessed at time of being sent by anyone else standing alongside the LL. But then of course there is no proof it arrived in your inbox! May have gone to SPAM of been lost somewhere. Then again if there has bbeen a string of email contact between LL and tenant during the tenancy then a judge may decide it shows that this method of communicating is both established in precedent and therefore valid. Just my guess on this though.

            I would certainly not rely on sending my Section 21 like this. I get tenant's to sign receipt of.
            Chas

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            • #7
              Originally posted by Charles19 View Post
              I would certainly not rely on sending my Section 21 like this. I get tenant's to sign receipt of.
              Chas
              Interesting - what if they won't?

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