Notice to leave property not arrived!

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    Notice to leave property not arrived!

    Hi. Maybe someone could offer advice on this matter please.

    Our family was told by our letting agent that that landlord wishes to come back to our rented property and that we would be given 2 months written notice to leave. This was on the 24th May 2010.

    We had not received anything in the post for the last 2 weeks so I phoned the agent today to see what the current situation was (had the landlord changed his mind perhaps?) and was told that the letter and notice had definitely been sent on 30th May.

    As we had nothing in writing, the agent emailed it to me today and the postal address it was sent to was incorrect. This would explain why I had not received the original letter and notice in the post!

    If they now send a new letter and notice to me, am I within my rights to expect 2 months notice from the date I receive the letter, rather than the date it was originally written? Also, shouldn't a letter of this importance be sent recorded delivery?

    Thanks in advance.

    #2
    OK. An update.

    Just after I posted the message above, the letter and notice from my agent arrived on my doorstep!

    I'm sure the delay in me getting this letter is down to the address being incorrect but where do I stand now? The letter is dated 30th May 2010, but I only received it on 10th June 2010 (the envelope has also been stamped at the sorting office on 9th June 2010).

    So, does my 2 months written notice start from the date on the letter, or the date it lands on my doorstep?

    Thanks.

    Comment


      #3
      I assume that this is a S21 notice you are referring to. If it gives less than 2 months notice, then its invalid. It may also be invalid if the address is substantially wrong, i.e. Windsor Street instead of Windsor Road, or the wrong house number.

      It seems to me that on the stated facts, the landlord would not be successful of obtaining a possession on S21 because the notice was delayed due to incorrect addressing and you are thereby deprived of the full 2 months notice period required by law.

      When proceedings are issued, you must request a hearing to explain this (hearings are not automatic in S21 cases) - and also place details on the response pack you will be sent.

      If the notice is judged invalid, a new one will have to correctly served, so the landlord will have to go through the whole process again and possibly will lose the £150 court fee if they proceed on the basis of the invalid* notice.

      (* In my opinion and I stress opinion, the notice is invalid - a judge might make a different decision and allow discretion)

      Comment


        #4
        Originally posted by davidjohnbutton View Post
        I assume that this is a S21 notice you are referring to. If it gives less than 2 months notice, then its invalid. It may also be invalid if the address is substantially wrong, i.e. Windsor Street instead of Windsor Road, or the wrong house number.
        Thanks for your reply.

        Yes, it is the S21 notice and it states that we we need to vacate the property by 01/08/10 which is not 2 months from the date I actually received it (today).

        The address is not substantially wrong (they've got the house name and street name muddled, and there's no house number to use either) but enough to confuse the postal system perhaps!

        I know it's only a small matter, but the extra 10 days we may be able to have at the property will give us extra time to find somewhere else to live.

        Comment


          #5
          Keep the envelope as proof.

          If you want to be fair, tell them that you require a new sec 21.
          You don't need to settle for the 10 days extra, the new notice will give you until the 1st September.

          The 30th May was a Sunday, so I don't think it would have been valid if they posted it anyway.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            It won't be an extra 'ten days', it'll be an extra month (to end August) assuming your rent period starts on the 1st of each month, as notice must be at least two months issued before commencement of a rent period.

            If you are going to fight the S21, KEEP the envelope with the date stamped 9th June as it's probably going to amount to needing that in evidence.

            Personally however, negotiate - tell agent that S21 notice was not received in time, but you'd be willing to move out by 1st August in exchange for £xxx.

            Comment


              #7
              Originally posted by thesaint View Post
              Keep the envelope as proof.

              If you want to be fair, tell them that you require a new sec 21.
              You don't need to settle for the 10 days extra, the new notice will give you until the 1st September.

              The 30th May was a Sunday, so I don't think it would have been valid if they posted it anyway.
              Thank you for this. Our rent period starts on the 7th of each month, so we're still past this date anyway. Good point about the 30th May being a Sunday too!

              Thanks again for the advice. Really appreciate it.

              Comment


                #8
                Then, assuming they re-serve it NOW, the earliest they could legally have you out by is 6th September.

                Comment


                  #9
                  Originally posted by thevaliant View Post
                  Then, assuming they re-serve it NOW, the earliest they could legally have you out by is 6th September.

                  Toi be strictly accurate, the earliest they could legally 'have you out' is about another two months after the 6th September if you choose not to move out on 6th Sept.

                  They will then have to apply for a court order for possession and instruct bailiffs in necessary, although that is of course a last resort.
                  '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

                  Comment


                    #10
                    Another update.

                    Following an email sent to my letting agents asking for another S21, they've replied back saying "There is no need to re-send your notice, two months will apply from the date sent because you are on a periodic tenancy".

                    I'm not sure what they mean by "periodic tenancy", but whether we're on that or not are they correct in not sending another S21? I am concerned because the agent claims to have sent the letter on the 30th May 2010 and I only received it on 10th June. Not only was the 30th a Sunday, but it was a bank holiday on the following Monday too.

                    Again, thanks for any advice you can offer.

                    Comment


                      #11
                      Sit back and wait until court proceedings are issued, then point out in the defence paperwork that you have not been given the full two months written notice. They will argue they have - you will argue that the delay in receipt was due to their mistake of address - the judge will most probably kick the claim out. (you will have to ask for a hearing, its not automatic)

                      The judge will give you a minimum of 14 days to move out if it all goes against you, so have a plan B ready just in case.

                      Comment


                        #12
                        Originally posted by iceroadtruckers View Post
                        Another update.

                        Following an email sent to my letting agents asking for another S21, they've replied back saying "There is no need to re-send your notice, two months will apply from the date sent because you are on a periodic tenancy".

                        I'm not sure what they mean by "periodic tenancy", but whether we're on that or not are they correct in not sending another S21? I am concerned because the agent claims to have sent the letter on the 30th May 2010 and I only received it on 10th June. Not only was the 30th a Sunday, but it was a bank holiday on the following Monday too.

                        Again, thanks for any advice you can offer.
                        The 2 months do not apply from the date sent, as you need "at least" two months notice, unless they are claiming it was hand delivered.

                        Why someone was in an office typing a notice to quit on a Sunday before a bank holiday, with the wrong address, to arrive the next day is something they can explain to a judge.

                        Tell them or not, personally, I would leave them to it.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          All what everybody has written is correct and most likely the s21 is invalid, and legally they are wrong.

                          But why do they want you out?
                          Why cause a fuss, they will issue you another s21, so you only gain an extra month.

                          So why not just go and find another place to live, as you will have to sometime, and make your and your LL life a bit easier.
                          That why, I don't agree with "thevaliant" about blackmailling for money, soz you said "negotiate". More that, if you require another week/days for the new P, then negotiate. Most LL be stupid not to allow a couple of days/week, s21 or not.
                          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                          Comment


                            #14
                            Originally posted by mjbfire View Post
                            But why do they want you out?
                            Why cause a fuss, they will issue you another s21, so you only gain an extra month.
                            Good point, and I agree totally with what you say.

                            I actually don't want to cause a fuss, but we've not found anywhere else to move to yet (despite plenty of searching) and the extra month could be the difference between finding a place and not finding a place.

                            I also want this S21 notice to be correct, and I want to know where I stand legally.

                            Comment


                              #15
                              Originally posted by mjbfire View Post
                              That why, I don't agree with "thevaliant" about blackmailling for money, soz you said "negotiate". More that, if you require another week/days for the new P, then negotiate. Most LL be stupid not to allow a couple of days/week, s21 or not.
                              Why should T not negotiate for money? Law requires 2 months notice. If a T knows the law they know they have security of tenure for two months. Suddenly, L wishes to 'change' the law, or the rules, that T has been operating to. Fine. Give me compensation and I'll move.

                              Comment

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