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Section 21 notice

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391 views 3 replies latest reply: 04 December 2015
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Tenant

Hi 

Yesterday evening we had a Section 21 notice pushed through our letterbox.  We are currently in a Short-hold tenancy that will end on the 9th January and pay rent on the 10th of each month.  Included in the envelope was a covering letter giving the landlords reasons and 2 pages of the official document.

i’m just enquiring about a few technicalities:

1. Although dated and signed on the 9th and asks us to leave on the 9th January we didn’t recieve the letter until the 10th.  My understanding is that it is the ‘service’ that matters and we haven’t been given a minimum of 2 months.  Now if I challenged this, would we have to leave on the 10th or would this mean we would roll over in to the next month as we would be paying the rent on the 10th. so we wouldn’t have to leave until the 9th February if they had to issue a new notice? 

2. We have been served with 2 notices- 1 b and 4 a.  I believe that 4a is only for a periodic contract and 1b for a fixed contract.  Therefore I am not sure why we have both.  4am mentions only one of tenants by name and says it applies to any other tenants whereas 1b only names one tenant.  Does this mean that technically my partner hasn’t been given her notice?

Thanks in advance 

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Administrator

Hi S

I’m not a lawyer but as far as I know all the tenants must be named on the notice – this supports that. In terms of what counts as service, your tenancy agreement will tell you that – read the section on notices and see what it says about when exactly notice is received. Either way it does seem like the section 21 isn’t valud.

Alex 

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Tenant

Even when the 2 months (but I’m sure it should really be 3 months notice) is up, you don’t have to be out of the property. The landlord then has to go through the Couth Court and that will allow you some breathing space. Once you get the court papers, you have a specific period to reply and a date will be set to attend. Even then, the judge has to give you a period of time to move out All in all, the Section 21 is the beginning of a long legal process so don’t panic. Keep records of everything. It can pay dividends. Good luck.

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Tenant

on a 21 notice you get two months from the land lord then after the two months if you not out they take you to court and the court then gives you a date to be out and it the date you then have to be out by but if the 21 notice is not in all tents name then it is voide and there for you then have to have an other 21 notice witch then gives you two months then it gose to court.

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