Question Time (3) All about Section 21 Notices

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    #16
    Originally posted by Paul_f
    If in Question (7) I said the Notice stated that possession is required after 31 July 2005 would this make the validity of the correct service of the notice any different?
    In that case I would change my answer to question 7 to yes

    Comment


      #17
      Some of you are getting there.

      Please assume that the landlord has proof of service (which is not that difficult) as the questions are not about that, so direct your answers from the information you have been given; don't introduce "ifs" and "buts", and take them at face value. As my first post states, assume they have been correctly served!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #18
        I think Oaktree is in the right area, actually checking what days of the week notice is served.

        Comment


          #19
          Ok here goes

          1. No - word 'after' is wrong, should be 'on'
          2. No
          3. No - word 'after' is wrong, should be 'on'
          4. No - word 'after' is wrong, should be 'on'
          5. No - word 'after' is wrong, should be 'on'
          6. No - word 'after' is wrong, should be 'on'
          7. No-Fixed term tenancy, not periodic Paul? then expiry date is wrong.
          8. No- not that sure though a printed name may suffice, not a signature.
          Last edited by red40; 29-06-2005, 13:10 PM.

          Comment


            #20
            bad boy

            Paul f - you are a bad boy.

            You have had to be reprimanded before, for thinking that a S21 is a "notice to quit". If it happens again it will be serious, and you will have to be caned.
            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


              #21
              My cheeks are rosy! Quite Right - it's a Notice of Possession - I'll alter it! 'Ere lawstudent - how about you having a go at the answers?

              By the way everybody, the Editor has asked me to refrain from posting the answers for another week so it will be 8 July at the earliest. He's running out of "prize" books for the winner! I'm off for a short break soon so I'll be keeping out of everybody's way for a few days!
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #22
                OK rosy-cheeks, I'll have a go

                Originally posted by Paul_f
                1. On 28 April 2005 on your way home from work at 6.00 p.m. you hand deliver a S.21 notice through the letterbox at the tenant's address giving him notice to end a periodic AST after 30 June 2005. Will this be valid?
                  yes
                2. You do exactly the same as in (1) but the tenant is at home and you give it to him personally, and he even signs a receipt. Would this make any difference to your answer to the previous question?
                  no
                3. On 27 April 2005 you hand deliver through the letterbox a S.21 Notice to the tenants at a property where they both live addressed to "The Tenants" and marked "Private & Confidential" to end a periodic AST after 30 June 2005. Will this be valid?
                  no
                4. You are the landlord of 4 self-contained flats, three of which are currently occupied (A, B & C) by single tenants all of whom have been on periodic AST's since the beginning of this year. On 28 April 2005 on your way home from work at 6.00 p.m. you deliver by hand through the letterbox of the entrance door to the house, a S.21 Notice to end the tenancy of Flat 'A' after 30 June 2005. Will this be valid?
                  no
                5. A month later on 27 May 2005 at 6.00p.m. you are showing round prospective tenants of the empty Flat 'D' and want to end the tenancy of Flat 'B' after 31 July 2005. You put the S.21 Notice under the door of Flat 'B'. Will this be valid?
                  yes
                6. On 28 June 2005 you show prospective tenants the empty Flat 'D' and you will want to give notice to the tenant of Flat 'C' to end the tenancy after 31 August 2005 and slip the notice under the door to the flat. Will this be valid?
                  under which door did you slip it?
                7. On 28 May 2005 you sent by first-class recorded delivery a S.21 Notice to a tenant to end a fixed-term tenancy on 31 July 2005. Will this be valid if he signed the form presented by the postman on 31 May 2005 to say he has received it?
                  yes
                8. Does a S.21 Notice have to be signed by the landlord or his agent to be valid?
                  either

                The answers will not now be posted before 8th July!

                If you get them all right I'm sure you will deserve a prize!
                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


                  #23
                  Are you kidding?

                  On 28 June 2005 you show prospective tenants the empty Flat 'D' and you will want to give notice to the tenant of Flat 'C' to end the tenancy after 31 August 2005 and slip the notice under the door to the flat. Will this be valid?
                  under which door did you slip it?
                  Oh C'mon! - it reads the notice was put under the door of Flat 'C' (pointless asking the question otherwise!)
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment


                    #24
                    Are you kidding?

                    On 28 June 2005 you show prospective tenants the empty Flat 'D' and you will want to give notice to the tenant of Flat 'C' to end the tenancy after 31 August 2005 and slip the notice under the door to the flat. Will this be valid?
                    under which door did you slip it?
                    Oh C'mon, you're winding me up! - it reads the notice was put under the door of Flat 'C' (pointless asking the question otherwise!)
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #25
                      OK, I'll have a go - better to look a fool now than fail my exam!
                      1. On 28 April 2005 on your way home from work at 6.00 p.m. you hand deliver a S.21 notice through the letterbox at the tenant's address giving him notice to end a periodic AST after 30 June 2005. Will this be valid?
                        YES
                      2. You do exactly the same as in (1) but the tenant is at home and you give it to him personally, and he even signs a receipt. Would this make any difference to your answer to the previous question?
                        NO
                      3. On 27 April 2005 you hand deliver through the letterbox a S.21 Notice to the tenants at a property where they both live addressed to "The Tenants" and marked "Private & Confidential" to end a periodic AST after 30 June 2005. Will this be valid?
                        YES
                      4. You are the landlord of 4 self-contained flats, three of which are currently occupied (A, B & C) by single tenants all of whom have been on periodic AST's since the beginning of this year. On 28 April 2005 on your way home from work at 6.00 p.m. you deliver by hand through the letterbox of the entrance door to the house, a S.21 Notice to end the tenancy of Flat 'A' after 30 June 2005. Will this be valid?
                        YES, PROVIDING IT IS CORRECTLY ADDRESSED TO THE TENANT
                      5. A month later on 27 May 2005 at 6.00p.m. you are showing round prospective tenants of the empty Flat 'D' and want to end the tenancy of Flat 'B' after 31 July 2005. You put the S.21 Notice under the door of Flat 'B'. Will this be valid?
                        YES
                      6. On 28 June 2005 you show prospective tenants the empty Flat 'D' and you will want to give notice to the tenant of Flat 'C' to end the tenancy after 31 August 2005 and slip the notice under the door to the flat. Will this be valid?
                        YES
                      7. On 28 May 2005 you sent by first-class recorded delivery a S.21 Notice to a tenant to end a fixed-term tenancy on 31 July 2005. Will this be valid if he signed the form presented by the postman on 31 May 2005 to say he has received it?
                        YES
                      8. Does a S.21 Notice have to be signed by the landlord or his agent to be valid?
                        EITHER

                      The answers will not now be posted before 8th July!

                      If you get them all right I'm sure you will deserve a prize![/QUOTE]

                      Comment

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