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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25496
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it correct that on a Section 21(1)(b) Notice where the wording

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Is it correct that on a Section 21(1)(b) Notice where the wording gives the date on which the tenancy expires, this wording should now state 'on or after' as opposed to just the word 'on' ? I know that in the Section 21 (4)(a) that the wording should be on or after but have always only used the word 'on' for Section 21(1)(b) Notices ?

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Have you found the words on a new precedent you are using please or somewhere else?

Customer:

I have a tenant who we are trying to evict. The Section 21(1)(b) Notice and Notice to Quit were served. The tenant has applied to the Housing Office for accommodation on eviction. The Housing Benefit office have contacted me to advise that the wording on the Section 21(1)(b) is wrong ! They have attended an in depth legal course and have been advised that the wording on this notice should read on or after (then the expiry date of the Notice) and not just the word 'on. They have told me that they have actioned many applications for Housing on the 'old' wording but cannot do so any more unless the Section 21 (1) (b) Notice has this wording on it. This is the first I have heard of it on a Section 21(1)(b) !

Joshua :

They are confusing themselves. The inclusion of the words "after" or words to this effect is in fact sensible following a case of Lower Street Properties Ltd v Jones 1996 which decided that it is sufficient to satisfy the requirements of the Housing Act that a tenant should be able to ascertain the correct date for himself, even if the landlord gets the dates wrong if the words "after... or included". It is therefore a sensible idea for a landlord to include something along the lines of the following in s21 notice of both types:

Joshua :

"the landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after expiration of 2 months from the service upon you of this notice.”

Joshua :

However this is not a statutory requirement. It is known as a "saving phrase" in the event the landlord gets his date wrong. Providing you have served a notice during the fixed tenancy which gives a minimum of two months notice and does not expire before the fixed term ends the notice is compliant with the Housing Act and is valid.

Joshua :

Is there anything above I can clarify for you?

Customer:

No - I understand what you are saying and appreciate your suggestion. It would be for the Judge to decide on the validity of the Notice in order to grant the possession order but this is misleading the public !

Joshua :

That is quite correct. They can of course point out any errors they believe may exist (right or wrong) but only a court can decide the validity of a notice. Judges get them wrong too sometimes but that is a fact of life. They should certainly not be giving out incorrect information and providing you are satisfied that your dates are correct as above, you may consider reverting to them thanking them for their suggestion but advising that you believe them to have confused a best practice recommendation with a legal requirement and that you stand by the validity of your notice.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

This is perfect thank you !

Joshua :

A pleasure.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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