I received a section 21 notice in the post yesterday. I'm a landlord myself (although renting this particular property) so I understand the need to have every detail correct on this notice or risk it beig invalid. The thing is, I'm away for 5 weeks between now and the possession date, so moving out right now is not exactly convenient. Here's my question: on the Notice Requiring Possession there are two addresses. The first is the rental property address (Flat 3) and the landlord's name. The second is my address (Flat 4) and my name. The problem is, as you can see, they've got the two addresses slightly but significantly different, whereby the property address is correct yet my address (which ought to mirror the property address) is incorrect. I'm hoping I can write to the lawyers representing the landlord and point this out and ask them to issue a new notice with the correct address for myself, which will push it into next month, thereby giving me an extra 4 weeks to arrange a new rent
HI I will try and help
was the notice posted? if it was, what was the address on any covering letter?
The covering letter has the correct address. However the section 21 is as described.
Yes, it was posted first class & recorded.
My first thoughts are that the noticed would not be invalid.
Although the information contained in the notice is particularly sensitive, the emphasis as you will know, is more on the parties and the dates of service/expiry of notice
if the noticed was properly served at the correct address and you have received it then, I think the Court would exercise its discretion in accepting the notice
Do you think it's worth a shot though, writing to them and asking them to issue the notice with the correct details?
Yes. I was going to go onto that. Definitely worth a shot.
Any suggestion on wording?
If the lawyers appears to know what they are doing then i wouldn't suggest that you go in all guns blazing, saying that the noticed is definitely invalid. I would suggests that you say that you noticed that there are some irregularities in the notice that may cause difficulties int eh future. Given that you are going away, you would be willing to accept a new notice with X date as the moving date, and see what they say
Yes, that was going to be my question - if I disclose the purpose of my pointing out of the irregularities V just appearing to be a nuisance. Would asking for another 30 days be too much? I don't get back into the country until 20 days before that date if so. ie. arrive back Sept 9, request end of Sept.
I think if you appear reasonable, whilst pointing out that it may be more of a hassle for them to enforce the notice than to simple serve another, that is the correct approach. The length of time is obviously a matter for them, but if you need the time then you may as well ask for the period you require.
Finally, if I do not comply with their notice, what reasonable costs can be awarded to them?
The Court costs (£100) fixed solicitors cost of preparation (about £70), and if there is a hearing, possibly Solicitors cost of the hearing (£300 - £500)
Plus rent / stress!
Would a hearing occur if I attended?
stress is free (particularly in my job!)
a hearing is unlikely, only likely where the Court raises a question about the validity of the notice and/or some other irregularity
Which, depending on the magistrate, I think is 50:50 - it's really lazy work; they've even written Road instead of Street, as well as getting the flat number wrong.
How about... "in such grave financial and legal matters I make no assumption in terms of identity and so wish to clarify..."
I mean... maybe they are evicting Flat 4, but not me?!
Something along those lines, yes
Ok - wanted to check what wasn't too aggressive, I mean, if you got a letter from that while representing someone, how emotionally engaging should I watch out for!
hmmm.... i think it should be less about the "emotionally engaging" and more about the professional viewpoint
If you go in saying "you don't know how to do your job,", they are going to look at the notice and say, "it should be OK."
Reckon I should send a copy to the landlord?
Yes, good idea
Does that help you? Please ask any follow up you need to, or please click accept if satisfied.
Well, I've drafted something. Tell me what you think and I'll leave you alone:
Dear Eversheds LLP,
I’m writing to you in response to your letter dated 27 June 2012.
I have noticed there are some irregularities in the notice you have served. Here I outline the details:
In such grave legal and financial matters as this, I hesitate in making assumptions in terms of identity. I also am concerned that error in the address on the notice may cause difficulties in the future, for both parties.
Incidentally, I am out of the country for work from July 24th 2012 until September 9th 2012. If you re-issue the notice with the errors corrected, and amend the possession of the property to after 31 September 2012 I will be willing to accept this.
I think it would be more of a hassle down the line for both of us to deal with the enforcement of the possession notice on the matter of the address, and all I’m really asking for is another 30 days to arrange another property as I’m out of the country for the majority of the time between now and the end of August.
looking for a para legal? ;-)
Can I also suggest that you put the phrase "Without Prejudice"
as subject line at the header?
Ok, thanks. I'm gonna send it on Monday so that it's in the next billing month ;-)
Just inserting CC information to the landlord; you don't think that'll have negative impact on the lawyers?
I see what you mean
obviously its a balancing act, but on balance i think it should be ok
Can you tell me why?
My gut says I'm telling on them... and that will get their backs up
They will have to go to their client anyway for instructions. They will probably send a copy of your letter or the landlord may ask them why this has come about. They will get to know about it anyway, so I don't think it is too much of a problem. it is a matter for you of course, but i cant see it will change things (or their advice to their client) that much
Ok, thanks Matt. Let's sing off.
you can ask any follow up?
have you given this specific type of advise before?
Not at the moment thank you
Ok thanks. If you could click accept then I will get credited for my advice. If you wish to ask follow up questions for this matter it will be available for you to do on your account after you have accepted. good luck with everything.
Matt, where's the accept button?
erm...actually not sure. as I don't see the same screen you do! I think it may be bottom right ,and think its green
HiI'm just following up with you to see how everything is going. Did my answer help?Let me know,Matt J
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