Reserve of a S21

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    Reserve of a S21

    Once a section 21 has expired, and the tenants do not vacate, do you have to serve another S21? or does the original one surfise, to go to court with?
    I am here because I am inexperienced and want to learn.

    #2
    Originally posted by boredbird View Post
    Once a section 21 has expired, and the tenants do not vacate, do you have to serve another S21? or does the original one surfise, to go to court with?
    There is no "use by" date on a s.21.
    Once served, it's always there in case L needs to rely on it.
    When the 2-month period has expired but T remains, L can begin proceedings without any further notice to T.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thank you Jeff, just wanted to make sure, a friend has been serve another S21 the day after the first one ran out. The council will not house her until she has been to court, and they now say that the second S21 is the one they will act on. So if a court date comes up before the second S21 runs out, what will happen? And is she ok to take the second S21 dates?
      I am here because I am inexperienced and want to learn.

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        #4
        It depends on what the second one said. If it was served "without prejudice" to the validity of the first one, then it would make no difference. Otherwise the second one would invalidate the first one. This assumes that neither notice is defective.
        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

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          #5
          Thankyou Law, both the notices are correct and the second does not say with out predudice, so looks as if she has a worry free Christmas then.
          I am here because I am inexperienced and want to learn.

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            #6
            Originally posted by lawstudent View Post
            It depends on what the second one said. If it was served "without prejudice" to the validity of the first one, then it would make no difference. Otherwise the second one would invalidate the first one. This assumes that neither notice is defective.
            ..er, why then was 2nd one served?
            If 1st is OK, 2nd is pointless.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              ..er, why then was 2nd one served?
              If 1st is OK, 2nd is pointless.
              Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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                #8
                must be 100% sure as second one may simply be a reminder. we had one and the council refused it but it turned out to be correct.

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