Section 21 notice – Correct documentation to use?
2 years ago | 7 comments
Section 21 date error?
12:01 AM, 18th April 2024, 2 years ago
7
Hi, on my behalf my management agent issued a section 21 notice. The notice was dated 01/11/2023 with a date to vacate the property of 05/01/2023, this of course should have been 05/01/2024. The notice was sent by email 01/11/2023 and also posted.
The tenant acknowledged the receipt of the section 21 notice by email and WhatsApp.
The tenant has not vacated the property therefore I am in the process of submitting a claim for possession. The form will require a copy of the section 21.
In my covering letter when I submit the claim for possession do you think a judge will accept a simple typo error or will I have to start again ie another 2 months notice.
Thank you for any guidance,
John
Tags:
court process for eviction, possession claim, rental property, Section 21 Notice, uk housing law
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Member Since June 2013 - Comments: 1121
10:34 AM, 18th April 2024, About 2 years ago
Form is incorrect in the end date so will have to be served again correctly. Judge will throw it out.
Member Since October 2022 - Comments: 402
10:39 AM, 18th April 2024, About 2 years ago
Don’t waste your £355
Send a new s21. It won’t work
Member Since March 2023 - Comments: 1506
12:44 PM, 18th April 2024, About 2 years ago
Not a chance it will be accepted. You need to start again, and if the tenant is 2 months in arrears do an S8 as well
Member Since May 2021 - Comments: 389
12:50 PM, 18th April 2024, About 2 years ago
Maybe better to use an eviction company instead of cowboy agents but in any case make sure you bill your agency for the 2 months extra that this elementary mistake will cost .
Member Since November 2017 - Comments: 20
1:41 PM, 18th April 2024, About 2 years ago
There is case law confirming that the S21 will remain valid if a reasonable person would understand what was meant by the date contained in the S21 and there are specific examples of wrong years being used in error in S21s BUT for the sake of two months would you really want to run that issue to trial with the significant costs exposure and delay that could involve?
It is just not worth the risk particularly where you have discovered the error pre issue and nothing is at sake but a bit of extra time.
Member Since April 2024 - Comments: 284
12:49 PM, 20th April 2024, About 2 years ago
Please advise. Is subscription and membership on this platform FREE? I’ve signed up but keep receiving emails to subscribe. I’m wondering if there is a fee and what this is please?
Member Since March 2023 - Comments: 1506
1:02 PM, 20th April 2024, About 2 years ago
Reply to the comment left by Alison Clark at 20/04/2024 – 12:49
Yes its free, whenever you post to are asked to validate your entry (subscribe)