Section 21 date error?

Section 21 date error?

0:01 AM, 18th April 2024, About 2 months ago 7

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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


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Comments

Fed Up Landlord

10:34 AM, 18th April 2024, About 2 months ago

Form is incorrect in the end date so will have to be served again correctly. Judge will throw it out.

David Houghton

10:39 AM, 18th April 2024, About 2 months ago

Don't waste your £355
Send a new s21. It won't work

GlanACC

12:44 PM, 18th April 2024, About 2 months 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

PH

12:50 PM, 18th April 2024, About 2 months 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 .

Landlord Solicitor @ RSPLegal.com

13:41 PM, 18th April 2024, About 2 months 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.

Alison Clark

12:49 PM, 20th April 2024, About 2 months 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?

GlanACC

13:02 PM, 20th April 2024, About 2 months 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)

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