Section 21 notice is mine Valid

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    Section 21 notice is mine Valid

    Hi, I have recently given my tenants 2 months notice, my tenant is saying my notice is invalid.

    Can someone please take a look for me and check

    Thanks in advance

    To, Tenant,s name

    From, Landlord name

    Landlord address

    I hereby give you 2 months notice that i require possession of the property known as:

    Property address

    Date of notice: 19 july 2010

    Signed by landlord

    #2
    It looks a bit ropey to me, but can I ask...

    When did the last tenancy agreement begin (exact date)?
    What was the fixed term of the agreement?
    Did you take a deposit?
    When did you protect the deposit?

    Comment


      #3
      Originally posted by Snorkerz View Post
      It looks a bit ropey to me, but can I ask...

      When did the last tenancy agreement begin (exact date)? 07 September 2009
      What was the fixed term of the agreement? 12 months AST
      Did you take a deposit? Yes
      When did you protect the deposit?
      Within 2 weeks of tenancy start

      Comment


        #4
        I think by looking throught LLZ, the date i put was
        19th July
        i dod not put 19th July - after 19 september

        Comment


          #5
          Needs the relevant parts of;

          NOTICE REQUIRING POSSESSION of a Dwelling House
          (England & Wales - Housing Act 1988 as amended by Housing Act 1996 – Section 21 Notice)
          I give you notice that I require possession of this dwelling house by virtue of: (delete statement (1) or (2) as appropriate)
          (1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b
          (2) Your Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a

          Comment


            #6
            You have still not mentioned when the tenancy began, or for how long.

            Also, do you have proof of service on a particular day?

            Comment


              #7
              Originally posted by Roy_Solomon View Post
              Needs the relevant parts of;

              NOTICE REQUIRING POSSESSION of a Dwelling House
              (England & Wales - Housing Act 1988 as amended by Housing Act 1996 – Section 21 Notice)
              I give you notice that I require possession of this dwelling house by virtue of: (delete statement (1) or (2) as appropriate)
              (1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b
              (2) Your Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a
              This bit in particular is not required - it is for s s21(4)(a) but not a s21(1)(b).

              I agree that the s21 in unlikely to be valid - although there is no prescribed format - but I am trying to get the information required to confirm that, and if so, to make OPs next s21 as painless as possible.

              Comment


                #8
                Sorry i did reply in the quote

                Tenancy began 07 September 2009
                Tenancy is a 12 month AST

                Comment


                  #9
                  As asked before, how did you serve the notice?

                  It would be easier for all if you replied in one single post, all the questions you have been asked in this thread.

                  If your response is within a quote, highlight your response by bolding it, or changing the colour.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    ok sorry

                    Tenancy began 07 september 2009 Tenancy end 07 September 2010

                    Section 21 issued 19th July
                    3 Sent by
                    Recorded delivery
                    First class post
                    Hand delivered

                    Comment


                      #11
                      I am not a lawyer - and thesaint is going to disagree with me - but I think you may be okay.

                      The notice you issued was under section 21(1)(b) of the 1988 Housing Act. Therefore there is no rule over the exact date of expiry. As you have proof of date of service (recorded delivery) it is perfectly possible for the tenant to calculate the expiry date as you have given the description of 2 months.

                      Here is the relevant bit of the act...
                      21. — (1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
                      (a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than[an assured shorthold periodic tenancy (whether statutory or not)];
                      at the expiry date, the AST will have ended
                      and
                      (b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice[in writing] stating that he requires possession of the dwelling-house
                      You have done this.

                      On the N5B form, put the date of service as the date the PO have confirmed it was delivered, and, obviously, don't apply to the court until 2 months after THAT date.

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        I am not a lawyer - and thesaint is going to disagree with me - but I think you may be okay.
                        No, I agree that it is valid. It's not the best Sec 21 I have seen, as it isn't clear on the expiry date.

                        If the Recorded delivery was signed for, this is the best one to pursue, as it gives a date of service.

                        The hand delivered one would be earlier, but it depends on if the tenant was given it to his hand, and has acknowledged it.

                        The one sent first class could be used, but it really depends on whether the OP got a proof of posting.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Originally posted by thesaint View Post
                          No, I agree that it is valid. It's not the best Sec 21 I have seen, as it isn't clear on the expiry date.
                          Wayne - you disappoint me

                          I quite enjoy our tussles - I get the feeling that (like me) you are not afraid to express your beliefs. Do I remember reading you were from the NW? Explains a lot.

                          Comment


                            #14
                            Originally posted by jjones2010 View Post

                            Tenancy began 07 september 2009 Tenancy end 07 September 2010
                            If the tenancy began on 7th September 2009, the last day of the fixed term is 6th September 2010.

                            Comment


                              #15
                              Originally posted by westminster View Post
                              If the tenancy began on 7th September 2009, the last day of the fixed term is 6th September 2010.
                              Correct, but doesn't affect OPs situation - it is still a s21(1)(b) and it expires after the end of the fixed term (whenever that is taken to be).

                              Comment

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