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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25415
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can someone check if an Section 21 notice issued to me is

Resolved Question:

Can someone check if an Section 21 notice issued to me is valid?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If you can forward the Notice to me, as an attachment, I will gladly look at it.

When replying, could you also confirm on what day of the month the rent is due.

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi Al,

Having trouble attaching documents is there an email address I can send them to?

Our rent is due 28th of the month and the original contract start date was 02/07/2014. The S21 was issued on 01/07/2014. I received a verbal notice to leave from the letting agent on Monday 11/05/2015 and the documents on 12/05/2015. Our deposit is protected and I received information about the deposit scheme.

Thanks,

John

Expert:  Aston Lawyer replied 2 years ago.

Hi John,

Thanks for your reply, and copy letter from Mortemore Mackay.

A lot of efficient Landlords do serve their section 21 Notice at the commencement of the Tenancy, meaning they do not need to serve another Notice 2 months prior to the end of the Tenancy.

Therefore, provided the section 21 Notice you received does quote the end date of the 1st July 2015, then I'm afraid it is valid and no further formal Notice would have been required to be served by your Landlord/Agent.The letter you received from the Agents therefore acts merely as a courtsey letter to confirm you must vacate at the end of the fixed term.

I am sorry this may not be the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

Can they serve the S21 before the contract is due to start?

Expert:  Aston Lawyer replied 2 years ago.

Hi John,

Thanks for your reply.

You had better send me the s21 Notice, so I can see exactly what it says, if you are able?

Kind Regards

Al

Customer: replied 2 years ago.
Expert:  Aston Lawyer replied 2 years ago.

Hi John,

Thanks, ***** ***** need to see the actual Notice, if you can forward this,please.

Al

Customer: replied 2 years ago.

I don't have any other documentation. Is the attached S21 not the notice? Also, our deposit was not protected until 23/07/14. I understand the S21 should not be issued until the deposit is protected.

Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

My colleague has opted out of this question. I specialise in housing law. Thank you for the s21 notice. Could you tell me when your tenancy started please and when the minimum term expires? Finally could you tell me the date each month rent is payable?
Customer: replied 2 years ago.

Hi Joshua,

Tenancy started 02/07/2014 for 12 months. Rent paid 28th of each month.

Thanks,

John

Expert:  Joshua replied 2 years ago.
Thanks. A landlord can issue a s21 notice at the beginning of the term or at any point in the fixed term period but he cannot provide that the notice expires before te end of the fixed term.This s21 notice would appear to be valid on two grounds:1) it is dated to expire ON rather than after the last day of your minimum term. A s21(1)b Housing Act cannot be dated to expire on or before the end of the fixed term but must expire AFTER the last day of the tenancy.2) The s21 from what you say was issued before the deposit was protected. s215 Housing At 2004 provides (relevant part highlighted:(1)Subject to subsection (2A), If a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when—(a)the deposit is not being held in accordance with an authorised scheme, or(b)section 213(3) has not been complied with in relation to the deposit. Accordingly the s21 notice would appear to be invalid and would need to be reissued and the earliest date the new s21 could expire if issued now would be 15 July but obviously you need not tell the landlord that his notice is invalid and therefore he may delay issuing a new notice. He must give you two clear months notice if issuing within the initial term. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

Thanks Joshua, very helpful. Should the S21 I attached be a copy of the Notice I was served at the beginning of the tenancy, as I don't recall receiving one? The receipt is the only dated document I have, is this proof enough that the S21 was received on that day?

Thanks,

John

Expert:  Joshua replied 2 years ago.
On the face of what you attached there seems little doubt that you received the s21 notice because you have signed a receipt to acknowledge that you received it but this would not change the fact that the s21 they issued would not appear to be valid so there is the receipt is of little consequence.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25415
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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