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View Full Version : Has landlord's error invalidated s.21 Notice?



peaches
29-01-2008, 22:29 PM
On 5th January I sent my tenant a notice 21.
I drew a line in pen through (2) Periodic but I should have drawn the line through (1) Fixed-Term.
Is this crucial?
Do I have to send another notice and if so does that mean he gets a further two months?

swinefever
29-01-2008, 22:50 PM
Well, more than likely, yes. Should it come to it, this notice will fall down flat in Court, since it is an incorrect legal document. I can't say for sure but all my recent research regarding court action against tenants makes this clear.

The safe bet is to re-issue a correct notice to potentially save time and money later.

Swine

peaches
29-01-2008, 23:17 PM
Hi Swine
Can I not just tell the tenant I made a mistake and send another notice with the same date as it was just a minor thing?
I live abroad so can I put my daughter's London address on the notice or does it have to be my actual address?
My tenant knows I am abroad but doesn't know where.

Ericthelobster
30-01-2008, 07:03 AM
Can I not just tell the tenant I made a mistake and send another notice with the same date as it was just a minor thing?Well you can, and if you are very, very lucky the tenant will just rip up the old one and replace it with the new one. But not if he has half a brain...

Actually come to think of it, I daresay if you did do this and end up going to court, you'd probably be committing perjury as you'd effectively be falsifying the document.

I wouldn't like to be in your shoes in court when the tenant produces both copies of the S21s and explains to the judge what you tried to do.

Start again.

pete's properties
30-01-2008, 08:16 AM
.....
My tenant knows I am abroad but doesn't know where.

Hi Peaches

Other people might know more, but I think the tenant has a legal right to your address if you are the landlord