Served Notice under s.21(1)(b)- help please

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    Served Notice under s.21(1)(b)- help please

    Hi,
    Please can you help me complete my sec 21b properly.
    1. My agents issued a section 21b to my tenants on 20/02/07, I haven't followed it through to the courts yet, is it still valid?

    2. My agent is no longer acting for me but their name is stated on the notice, does this matter?

    3. On the last page where it says certificate of service, what's that about and how do I complete it?

    Thanks
    Phil.

    #2
    Originally posted by frodnick View Post
    Hi,
    Please can you help me complete my sec 21b properly.
    1. My agents issued a section 21b to my tenants on 20/02/07, I haven't followed it through to the courts yet, is it still valid?

    2. My agent is no longer acting for me but their name is stated on the notice, does this matter?

    3. On the last page where it says certificate of service, what's that about and how do I complete it?

    Thanks
    Phil.
    1. IF it was valid then, it should remain valid now.
    2. No, but whose address (theirs or yours) for service did the Notice show?
    3. My copy s.21 Notice has no such text! What wording appears on yours?
    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


      #3
      Originally posted by jeffrey View Post
      1. IF it was valid then, it should remain valid now.
      2. No, but whose address (theirs or yours) for service did the Notice show?
      3. My copy s.21 Notice has no such text! What wording appears on yours?
      Thanks.
      2. The notice is addressed TO the tenant FROM myself with my address and is then signed by my agent along with their address.
      3. Sorry I meant the actual accelerated procedure form, on the last sheet.

      Thanks for your help.
      Phil.

      Comment


        #4
        Anybody able to help points 2 & 3?
        Thanks

        Comment


          #5
          Regarding point 3 how did your agents serve it and what proof do they have that it was served. If it was served personally by one of them then a witness statement would do. Or do they have a recorded delivery receipt?

          Comment


            #6
            It was served by hand and the tenant signed the form.

            Comment


              #7
              Originally posted by frodnick View Post
              It was served by hand and the tenant signed the form.
              This is what you need

              http://www.landlordlaw.co.uk/content...ertService.pdf

              Comment


                #8
                One last clarification please:
                Regarding the accelerated procedure form, I am not sure about the dates. Point 7. states "the date on which the notice requires possession to be given must be at least two months after it ws served. The notice must not require possession before the end of any current fixed term tenancy. In the case of a periodic tenancy, the date by which possession is required must be the last day of a period of the tenancy e.g if rent is payable monthly, the day before the end of that monthly period"

                The 6 month assured tenancy started on 23rd June 2006, I haven't issued a new one therefore I guess it is now a periodic tenancy.

                The Section 21(b) was served on 20/02/07 which asks for possession after 22/04/07.

                Please can someone confirm if these dates are acceptable as I know it will get kicked out if the dates do not conform.

                Thanks
                Phil.

                Comment


                  #9
                  Originally posted by frodnick View Post
                  The 6 month assured tenancy started on 23rd June 2006, I haven't issued a new one therefore I guess it is now a periodic tenancy.

                  The Section 21(b) was served on 20/02/07 which asks for possession after 22/04/07.

                  Please can someone confirm if these dates are acceptable.
                  1. Term began on 230606 and expired on 221206.
                  2. As no new term granted, it became monthly periodic tenancy as from 231206.
                  3. Each month (on 23rd.), a new period begins- ending on next month's 22nd.
                  4. So, yes- your dates look OK.
                  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


                    #10
                    Thanks for all your help, greatly appreciated.
                    Phil.

                    Comment

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