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Orchardpm
02-03-2010, 13:10 PM
Hi,
I compiled a S21 for my daughter to give to her tenants as she needs to move back in to her residential property.
The Ts have a periodic tenancy, starting on the 1st of each month.
I mistakenly dated the notice 1st March (albeit that the notice was served to and accepted by the Ts on 28th February) with an end notice of 30th April.
If we come to the 30th April and the Ts are still there, will the S21 issued be accepted by the court? And if not, do I need to issue another one immediately with an end date of 31st May?
Many thanks

Snorkerz
02-03-2010, 16:18 PM
Providing you can prove it was served on or before 1st March, you are fine, it is exactly 2 months.

I presume any protectable deposit was protected before it was issued?

Orchardpm
03-03-2010, 08:30 AM
Thanks for that.

It was posted by hand as the Ts were out. The Ts rang on the 28th to confirm they'd received it. They subsequently approached the local council on the 1st March with the S21 asking to be housed, so I'd consider that to be further prove of receipt.

Yes, the deposit is with the DPS, although I'm expecting further complications as there is still a month's rent outstanding from June 2009.

This occured when the Ts were advised to pay the rent direct as the agreement with the Agent had been terminated. Despite four weeks notice to that effect, the Ts did not change the standing order which was then paid to the Agent, who subsequently went bust and failed to forward on.

Who is responsible for that months rent remains in dispute, so I'm expecting it to go to adjudication.

Snorkerz
03-03-2010, 19:10 PM
Yes, the deposit is with the DPS, although I'm expecting further complications as there is still a month's rent outstanding from June 2009.

This occured when the Ts were advised to pay the rent direct as the agreement with the Agent had been terminated. Despite four weeks notice to that effect, the Ts did not change the standing order which was then paid to the Agent, who subsequently went bust and failed to forward on.

Who is responsible for that months rent remains in dispute, so I'm expecting it to go to adjudication.

Do you have proof - ie a witness statement?

With regard to the missing rent, providing you gave written notice to the tenant that the rent was to be paid to yourself - then it is their look-out if they paid it to the wrong person. To take it to an extreme, they wouldn't expect you to be happy if they paid the rent to the milkman instead would they?