Section 21 issued prior to contract signing

Section 21 issued prior to contract signing

9:50 AM, 22nd July 2013, About 8 years ago 22

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We have private tenancy managed by a letting agent. It is a one year contract, rent has been paid on time and all other terms have been complied with, i.e. we are clean, quiet, diligent tenants.

10 months into our contract our letting agent says our landlord wants them to re-market the property.

We have tried to secure alternate property but the deal fell through. We contacted our letting agents and informed them we will not be vacating for the time being as we have been unable to find a suitable alternative property but are continuing to look.

The response from our letting agent was “too bad you have to be out”. I replied that since they had not served section 21 that we would not be leaving but they insist they did serve notice. I questioned when it was sent … they stated “a long time ago and its your word against ours”.

Upon reviewing contract documents given in person prior to signing and on the day of signing I have found a section 21 notice dated/issued 21 days prior to the contract signing. This was slipped in with other misc papers, we were not alerted to it or notified of it. We were, in fact, not aware of what a section 21 was until recently.

We are maintaining the section 21 is invalid …it was generated 3 weeks prior to the residential contract being signed.

Even if it was given on the day with the contract packet the deposit could not possibly have been secured in the scheme prior to the contact signing. Our letting agents gave us documents as package, the contract did not supply the deposit scheme confirmation and reference ID, although that did arrive later.

Are we right in maintaining the section 21 notice is invalid?

The expiry date is valid, it is just the issue date was three weeks before the contract was signed. There was also no exchange of funds at that point and no contract in effect.

It is very stressful they are harassing and threatening eviction.

Any input much appreciated.

RobSection 21 issued prior to contract signing


by Mark Alexander

16:51 PM, 9th August 2013, About 8 years ago

Reply to the comment left by "Romain " at "09/08/2013 - 16:44":

Does that Act actually exist or did you mean the 1988 Act?

Either way, the legislation I have quoted is far more recent.

by Romain Garcin

17:40 PM, 9th August 2013, About 8 years ago

How could have I meant Housing Act 1988 when I wrote Landlord and Tenant Act 1985?

The Housing Act 2004 might be more recent but if a tenant requests an agent (whom he pays rent to) to disclose the landlord's identity the legal obligation to comply is LTA 1985.

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