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back dated letter

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288 views 1 replies latest reply: 09 February 2017
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Tenant

In the simplest way possible – Can my landlord backdate a ‘notice requiring posession’ form? Told us in person and then 5 days later handed us a letter, but dated 5 days previous (to line with the full month) eg Spoke to us on the 20th, tenancy runs 21st-21st but didn’t hand us the letter until the 26th, and dated it the 21st? 

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Tenant

No this is not allowed. 

Although a verbal notice may be enough to end terms if you accept it. 

A written notice cannot be backdated and you can dispute it. Also, because it is backdate, the notice fails a second rule, which that Section 21 notices must “give the tenant a minimum of 2 months / 8 weeks, BETWEEN THE TIME THEY ARE SERVED and the end date of the notice. 

By serving a notice that starts 5 days early (thus ends 5 days early) the landlord only gives you ~1 5/6 months, which is most obviously less than two full months. 

So again, it should be invalid. 

However, I must really stress that we’re not lawyers and this is consumer advice, so take as is. Base legal decision only upon consultation with a solicitor or at least Shelter / Citizen Advice.

Here is our article on Section 21 – http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

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