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Duration of section 21 Notice Housing Act 1988

Started by Jockspop, April 04, 2014, 10:16:27 AM

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Jockspop

On advice from my Letting Agents, we issued a section 21 notice on a dodgy tenant in January last year; they told me at the time that this was effectively open ended and without expiry. In February this year (13 months later) I applied to the Court for an eviction notice but it was dismissed on the grounds that it had expired being over 12 months old. The Agents still contend it should still be valid. Who please, is correct?

boboff



fozzie1974

Does anyone know if a section 21 has to be a stand alone letter or if it can form part of a longer letter?  I'm asking because I've sent a letter to my tenants putting my opinion on some issues and then the final paragraph is letting them know i would like them to vacate by virtue of section 21 etc.  Any guidance much appreciated as stress levels rising rapidly!!!

boboff

My understanding is the format and content of the notice is prescribed pretty much and should follow a set format.

I Certainly wouldn't want to go to court and be laughed at and the case rejected as I hadn't followed guidance.

But then I am not a lawyer.

fozzie1974

Thanks, I have written it exactly as is on a legally correct section 21, however the tenant is suggesting their lawyer has said this just a letter of complaints and is 'illegal'. Just wondered if they were being 'truthful'. I suppose the only way to find out is to take the letter to a lawyer! May just issue another section 21 on its own, I'm in no great rush together them out.

boboff