|
|
Question Title: Invalid s.21 notice
| Question: 96 |
| I have recently had my forms returned by the court when applying for possession under the Accelerated Possession Procedure. The letter from the court stated: 'Your request for an order for possession and costs in the above case is returned because the application is technically flawed, the Section 21 Notice is not valid.' The tenancy was for a term of twelve months commencing on 8th August 1997. The section 21 notice had been dated to expire on the 7th August 1998, the last day of the tenancy. Can you tell me whether the court was correct in rejecting the application - is the notice indeed invalid ?
|
| Answer: |
| This case highlights the need for accuracy in notices. Inaccurate documents will cause additional delay and extra court fees. The court was correct on this point, and is entitled to ask you to reissue the section 21 notice. The tenancy ended on the 7th August 1998, and the s.21 notice required possession on 7th August 1998. However the tenants are entitled to remain in occupation until the end of that day. The notice should have been dated for 8th August, being the day immediately following the end of the tenancy. You will now be faced with at least a further two months delay as you will need to issue a new notice.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Handbook |
Chapter 9 |
letting-handbook-and-factsheets.html
|
|
Letting Factsheet No 21 |
|
factsheet-21
|
For more information, discuss on the Forum
|
|
