Section 21- time limit? Can I still enforce it?

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    #16
    Originally posted by Miffy View Post
    Ruth, I do take your point. However, what you are actually saying is that its OK for the T to lie like a rug,
    I haven't the faintest where you get this interpretation from. For the record I'm not actually saying it's OK for the tenant to lie, I don't condone liars. But my opinion matters not. What matters is 1. Does the tenant know enough to challenge the (now invalid) S21? 2. If she does what will the judge's opinion be?

    Originally posted by Miffy View Post
    but its not OK for the LL to make a perfectly reasonable offer (behave or else I will kick you out, HAVING ALREADY GIVEN YOU 2 MONTHS NOTICE!!!!) unless he wants to get kicked in the goolies again because of the ridiculous amount of leeway bad tenants are allowed (IMHO of course).
    I find your response most odd. Surely we are all trying to help andrews get things right. Telling him the S21 is OK without warning of the big pit he's dug himself isn't helpful.

    Originally posted by Miffy View Post
    Most LLs are actually pretty reasonable types who think "look, I will give the T a proper legal notice but I won't enforce it unless I really have to-I don't want to take this all the way if we can sort things out reasonably." Now, because of the POSSIBILITY of the interpretation of the law in the way you described, those reasonable LLs are unacceptably disadvantaged.
    My objections to the Sword of Damocles are on record elsewhere so I won't repeat them. However the advice that "A S.21 Notice MUST be "unequivocal" and "without reservation" i.e. unconditional" comes from someone who in my opinion is one of the very best informed in the forum. Not to be ignored lightly in my view. Given it isn't a new interpretation any "disadvantage" was already there.

    Originally posted by Miffy View Post
    Without even knowing it they will be left facing another 2 months+ to get the T out. And, frankly, a T who isn't paying and continues to play the system like that should be in jail, not getting free rent.
    Doesn't the Sword of Damocles rely on the tenant not knowing the law to give the landlord an edge? Sometimes the tables are turned and the tenant knows the law better. But now I've pointed the issue out to andrews he is forewarned and forearmed. It pays to get it dead right, a landlord going to court with an invalid S21 stands to lose a lot more time than just two months.

    Originally posted by Miffy View Post
    So, in the hypothetical situation that I were in this position, you are damn right that I wouldn't put anything in writing (apart from the S21) and if it were demanded I would simply enforce the S21. There you go-no sword of damocles and everyone's happy (but the T has no 2nd chance, of course). If the T won't trust me to keep my side of the verbal bargain as long as they keep theirs, then I would have to wonder about their motives...
    I'd figured that out from your posts on previous threads. But for the record my motive in asking for it in writing would be so that I don't break the written agreements that without the update are asking me to vacate. I'd feel compelled to follow the written instruction so as to preserve my good character and references and would also want written proof just in case there were any blurred recollections as you describe below.

    Originally posted by Miffy View Post
    As for lying in court, it is quite a common situation for a conversation to take place in which 2 people get different ideas about what was said and recollections do get blurred.
    andrews is clear what he said, after all it's written on post #1.

    Originally posted by Miffy View Post
    That is why you can only rely on what is put in writing.
    On that we are in total agreement!
    ~~~~~

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