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Old 6th May 2008, 18:56   #1 (permalink)
callumsgran
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Default Is my s21 valid?

Due to financial problems (me on IB) we have today been issued with a s21 dated today
Is it valid as technically we arent in arrears by 2 months until the 8th?

Or is s21 just for seeking possession, no reasons needed?
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Old 6th May 2008, 18:59   #2 (permalink)
Planner
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Default Re: Is my s21 valid?

The 2 months in arrears is for a s.8.

A s.21 means no reason is needed, although it still has to be accurate. Post the dates of it so we can check.
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Old 6th May 2008, 19:09   #3 (permalink)
callumsgran
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Default Re: Is my s21 valid?

Thanks Planner, our rent is due on the 8th of each month and the s21 is dated today the 6th.
They want us out on or before the 7th July.
Sounds kosher doesnt it?
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Old 6th May 2008, 21:04   #4 (permalink)
Esio Trot
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Default Re: Is my s21 valid?

Quote:
Originally Posted by callumsgran View Post
Due to financial problems (me on IB) we have today been issued with a s21 dated today
Is it valid as technically we aren't in arrears by 2 months until the 8th?
With rent arrears, there can be no "technically" about it. You are either 2 months in arrears or you are not.

Good news for you though is that the owner is using s21, which is a no-fault route to possession. The owner has missed a trick here - to your benefit though. The Housing Act does not mention arrears, but says two months unpaid. Thus, it was quite legal for them to have issued a s8 using the mandatory ground 8 possession clause when you were just 1 month and 1 day in arrears (on the assumption that your tenancy agreement has monthly rent periods).

Using s21 means that the local authority will have to consider providing alternative accommodation. If they had used s8 (which covers various breaches of the tenancy agreement) the local authority would have an easier time deeming you "intentionally homeless".
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Old 6th May 2008, 22:25   #5 (permalink)
callumsgran
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Default Re: Is my s21 valid?

Thanks very much Esio 4 the info, much appreciated
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Old 7th May 2008, 04:04   #6 (permalink)
waterbottle
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Default Re: Is my s21 valid?

When and how was it served? Does it have a 'saving clause'?
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Old 7th May 2008, 23:57   #7 (permalink)
callumsgran
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Default Re: Is my s21 valid?

Waterbottle, yesterday the 6th by hand.

No saving clause as far as i know? never heard of it

We've been to council today and they saying someone from the homeless dept will be in contact

Last edited by callumsgran; 9th May 2008 at 03:22.
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Old 8th May 2008, 21:34   #8 (permalink)
Esio Trot
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Default Re: Is my s21 valid?

Quote:
Originally Posted by callumsgran View Post
Yesterday the 6th by hand.
What time of the day was it served on you?
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Old 9th May 2008, 03:21   #9 (permalink)
callumsgran
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Default Re: Is my s21 valid?

About 4pm why?
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Old 9th May 2008, 10:47   #10 (permalink)
Esio Trot
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Default Re: Is my s21 valid?

Quote:
Originally Posted by callumsgran View Post
About 4pm why?
That's a shame.

If it was hand delivered after 5 pm it would be deemed served the following day.
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Old 10th May 2008, 19:45   #11 (permalink)
callumsgran
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Default Re: Is my s21 valid?

Oh ok no worries, thanks anyway!
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