Will S21 get 'thrown out'?

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    Will S21 get 'thrown out'?

    Just got a letter from A:

    Section 21-(4)(a)
    Assured Shorthold Tenancy:
    Notice Requiring Possession by virtue of Section 21 of the Housing Act 1988 [Amended 1996]

    (1) To: [my name]
    Of: [the address I'm living at which is rented]

    (2) From: [LL name]
    Of: [their address]

    (3) Address of dwelling I give you notice by virtue of S21 of the HA1988 that I require possession of the dwelling house know as: [completely blank]

    (4) Date of Expiry (Note 3 below) After: 29th October 2010

    Etc ......

    QUESTION: I've read that if it gets to possession proceedings in court that paperwork must be 100% correctly completed. On the S21 notice I've received it has the address I'm at in (1) but (3) is blank. Will the Judge say that the S21 is valid because it has the address on in (1) even though it is missing in (3)? Or will it be a case of the A/LL having to issue another S21 which is correct with another 2 months notice?

    I haven't told the A of the error.

    Your advice would be much appreciated.

    #2
    You could certainly contest the s21 and you'd most likely be successful.

    The s21 does not seem to give you 2 months notice unless you received it on or before 29 August.

    So, you can argue it's validity, However, all that will happen is a new (correct) s21 will be issued and you will eventually have to find somewhere else. It is just a case of delaying the inevitable and you might be better letting it go so that you can be settled in a new place before Christmas.

    Comment


      #3
      The address does not have to be given, but since it has been left out, a judge may decide it's invalid.

      I would treat the landlord how you would like to be treated. WWJD?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        I would usually treat people fairly but sadly A/LL haven't so at the moment I have to put myself and the children first. I live in a very rural area where rental properties are hard to come by, so the extra time may be needed.

        I'm judging by the response that it isn't certain that it would be thrown out, but depends on the judge. Does seem a bit of stretch to argue that you didn't know which 'dwelling house' they were referring to

        Comment


          #5
          Originally posted by apollo View Post
          I'm judging by the response that it isn't certain that it would be thrown out, but depends on the judge. Does seem a bit of stretch to argue that you didn't know which 'dwelling house' they were referring to
          Quite. There is no prescribed form for a s.21 notice, so I think it's possible it wouldn't get thrown out because of the blank bit.

          But it might be invalid for other reasons. Please answer the following questions:
          1. What date (dd/mm/yy) did the last fixed term contract commence?
          2. What was the length of term?
          3. What date was the s.21 notice served?
          4. Is rent payable monthly/4 weekly/weekly?
          5. Did you pay a deposit and if so, is it protected in a scheme, and did LL provide you with written details of the scheme?

          Comment

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