Can accompanying letter make s.21 Notice invalid?

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    #46
    Ruth Less said:-
    Hello Paul,

    Thank you for throwing this open again

    I see the logic of your post and it is certainly the consensus of what I'd picked up on the forum before this thread contradicted it all. I have got a similar impression to your post from a document on Painsmith's website written by Marveen Smith. But jeffrey is pretty convincing too.

    Sorry if this is a bit cheeky but any chance you can get Marveen to sort this out for landlordzone once and for all? Maybe she could write a note for you to post, I'm sure she must pick up loads of business from landlordzone referrals to make this worth her while... After all if you and jeffrey, two of our most knowledgeable members, disagree on what makes the S21 invalid what hope do the rest of us have?
    Let's put it this way - if a landlord wants to withdraw a S.21 Notice and the tenant agrees to this then that is their common law right to do so. I'm afraid Jeffery is incorrect as you can't make a landlord and tenant enforce something neither of them subsequently decides not to want to do. Marveen Smith is much more of an expert than Jeffery and whose Practice is wholly devoted to Housing and Landlord & Tenant Law. I'm not saying Jeffery isn't knowlegable because clearly he is. Logic dictates that the above is correct.
    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.

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      #47
      Originally posted by Paul_f View Post
      Let's put it this way - if a landlord wants to withdraw a S.21 Notice and the tenant agrees to this then that is their common law right to do so. I'm afraid Jeffery is incorrect as you can't make a landlord and tenant enforce something neither of them subsequently decides not to want to do.
      If the landlord and tenant agree then there isn't really an issue as the situation won't get challenged by either party. The issue I'd like answered is in the case where the landlord and tenant agree and then one party changes their minds later on.

      Say the landlord writes a note to the tenant that should rent be paid on time then the S21 won't be actioned. Later on the landlord decides to action the S21 after all as he decides to sell. The rent was paid on time. Does the tenant have grounds to successfully challenge the S21?

      If I have read this thread right then: You are saying YES. Jeffery is saying NO.

      I can't fault the logic of your points. But then I can't fault Jeffery's interpretation of the 1988 Act. Therefore I did think something else like common law would come into it. Surely it isn't right that someone can promise to do one thing, even in writing, and then just ignore it. I would think the tenant has some rights to rely on what the landlord has said or done... But then I do not know the law which is why I'm asking!

      Originally posted by Paul_f View Post
      Marveen Smith is much more of an expert than Jeffery and whose Practice is wholly devoted to Housing and Landlord & Tenant Law. I'm not saying Jeffery isn't knowlegable because clearly he is. Logic dictates that the above is correct.
      I realise Marveen is the expert which is why it would be nice if she could settle this I hope this doesn't sound ungrateful, I am grateful to both you and Jeffery for the answers here so far.
      ~~~~~

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