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Please help - Section 21 notice


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Hi

 

I entered into an Assured Shorthold Tenancy in England on 24 April 2010, a fixed term of 12 months which expired on 23 April 2011.

 

I've read lots of threads which mention about the section 21 notice being correct, if not its invalid.

 

Points to check are:

The LL has ticked Periodic Assured Shorthold Tenancy (as opposed to Fixed Term AST).

Date of Expiry is 23 July 2011

Date of Notice is Serviced 20 May 2011

Includes signature of Landlord

 

As the notice is due to expire over the weekend the LL is in his right to start court proceedings from Monday?

 

From everything I've read on the forum it looks to be correct but just wanted some second, third and fourth opinions. Has anything been missed? Apart from the timescales what can I expect from the court proceedings, do I just sit and wait for court papers and then bailiffs?

 

Just to add can't find other accomodation and will be going into emergency accommodation.

 

Thanks in advance :sad:

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Looks correct to me. Was the deposit protected with a scheme? Does the AST have the landlords contact address on it?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Deposit is with the insurance based scheme held by original agent. It gets complicated where original landlord went into receivership, receivers sold at auction and new landlord has given notice, I have a section 48 (i think that's what it is) in a draw upstairs which I received after he took over.

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OK, sounds like everything above board to me.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord), and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Section 21 notice

 

This is a notice given by the landlord under section 21 of the Housing Act 1988. It's explained in more detail in the FAQ -

 

Shorthold Tenancy - possession, eviction and notice

 

Such a notice can only be given if no fixed term was agreed, or if it takes effect AFTER the end of the fixed term, i.e. when there is a periodic tenancy. The notice must be in writing, but there is no prescribed form that need be used.

 

The notice MUST be received by the tenant at least 2 months before the termination date specified in it, which date - except if it is given DURING the fixed term (even if it takes effect after the fixed term has ended) - must also be the last day of a rent period (but if the tenancy agreement requires a longer period of notice, the landlord must give that longer period of notice).

 

Thereafter, if the tenant remains in possession, the landlord must ALSO obtain a Court order, which cannot be applied for until the notice period has ended.

 

A section 21 eviction has the advantage that there is no court hearing (unless the tenancy was granted verbally); but it cannot be used to evict during a fixed term, and cannot include a claim for unpaid rent.

 

 

The provisions of the Act are set out here: Housing Act 1988, section 21

 

Section 21(4) says:

 

the landlord or, in the case of joint landlords, at least one of them, has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section
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