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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My landlord previously issued me section 21 and later sent

Customer Question

My landlord previously issued me section 21 and later sent me a letter that if I wanted to continue the tenancy i should set-up direct-debit payment rather than making rent payment over the phone. This was done, but the landlord subsequently taking me to court effect eviction, please advice me what to do.
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

Are you asking if he can still rely on the S21 ?

Was it properly served?

Customer: replied 1 month ago.
It was claimed that section 21 was issued but I never received this , the landlord spoke about issuing me section 21 on the phone while discussing about the method of payment that will be acceptable, the letter was eventuall written to me that if I wanted to continue my tenancy on the property i should set up direct-debit which i did
Expert:  Jo C. replied 1 month ago.

Thanks.

You can try to argue that this S21 notice was not properly served. That might well succeed as, if what you say is correct, he cannot show evidence that he did serve it correctly.

However, the reality is that he can always serve a fresh and compliant S21 notice upon you to bring the agreement to an end. The fact that you set up a direct debit does not prevent him doing so if he wishes.

Contesting it at this stage will buy you time but not do much more than that in the long run.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

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