S21 rejections

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    S21 rejections

    The local judge threw out 3 of my s21 claims

    Two of the reasons are that 'it gives alternative dates on which possession is requested, and is therefore void for uncertainty'.

    I dont have the claim forms in front of me. But how could this be when there is only one entry for when claim is requested?

    And he threw the other one out as the 12 month fixed term expired last october and he's syaing i should have issued a periodic s21, not a fixed. I issued a fixed within the 12 month period, with a min 2 months notice expiring after the tenancy ended. I thought this was fine?

    These are my first rejections. V strange. Should i appeal them?

    #2
    if you could write out the dates of the tenancy and also the wording and dates you put on each S21 this might shed some light on the situation.

    Comment


      #3
      Yeah poppy is right.!!
      If you'd write out the tenancy dates and all other wordings and dates you put on each of the S21 then the judge would definitely think about that before making his final decision..!!!

      Comment


        #4
        Evergreen, dont take any notice of the newbie's silly post above, just let us know more info about the dates etc and we can help you some more.

        Comment


          #5
          Originally posted by Evergreen View Post
          The local judge threw out 3 of my s21 claims

          Two of the reasons are that 'it gives alternative dates on which possession is requested, and is therefore void for uncertainty'.

          I dont have the claim forms in front of me. But how could this be when there is only one entry for when claim is requested?

          And he threw the other one out as the 12 month fixed term expired last october and he's syaing i should have issued a periodic s21, not a fixed. I issued a fixed within the 12 month period, with a min 2 months notice expiring after the tenancy ended. I thought this was fine?

          These are my first rejections. V strange. Should i appeal them?
          On the surface of the info provided I would say YES, appeal. However, answer Poppy35s Qs first!

          Comment


            #6
            Well i treat all my tenancies the same

            All my tenants are homeless housing benefit tenants

            So no deposit is taken

            I issue my s21s the day after they sign the AST

            And they expire 6 months later, a day after the last day of the tenancy

            So for example, tenancy start date: 02/12/10, end date:01/06/11

            S21 issued: 03/12/10, expires: 02/06/11

            So in this case ill fill in and file my n5b after 02/06/11

            This dates are all fine right?

            Thanks for all the input (even from the newbies)

            Comment


              #7
              Originally posted by Evergreen View Post
              Well i treat all my tenancies the same

              All my tenants are homeless housing benefit tenants

              So no deposit is taken

              I issue my s21s the day after they sign the AST

              And they expire 6 months later, a day after the last day of the tenancy

              So for example, tenancy start date: 02/12/10, end date:01/06/11

              S21 issued: 03/12/10, expires: 02/06/11

              So in this case ill fill in and file my n5b after 02/06/11

              This dates are all fine right?

              Thanks for all the input (even from the newbies)
              you are asking why your S21'S were thrown out so we dont need examples we need the dates so please tell us

              1.What date did the tenancy commence?
              2. How long was the fixed term?
              3. The exact wording on the S21 that you gave to them, date issued and did it contain the words require possession after

              only then can we help you.

              I can see an error already above in your example, as a S21 needs the words requires possession after xxx in it. Your example states it expires on the 2nd June 2011. This means that only on the 2nd June can you make claim. Whereas if is contained the correct words you can apply for possession at any time after this date.

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