What can a Landlord do with an invalid Section 21 notice?

by scrwm Mon Mar 22, 2021 4:39 pm

So this far
- landlord served me a section 21 within the first 6 months of my AST rental.
- law states, a section21 issued within the first 6 months is invalid.

Subsequently, my Landlord went and got a claim for possession fast tracked. I didn't defend at the time, but managed to get a solicitor to submit an application on N244 to either get the order et aside or the vacate date moved out by 42 days which is allowed. We had a hearing today on this and the judge set a second hearing to give the landlord time to get advice on what to do about his invalid sect 21.

I guess the judge can do what he wants. He can mae the sect 21 valid if he wants to or is he not allowed to?

by flyingfish Tue Mar 23, 2021 12:57 pm

Everything that I've read says it can't be served within the first four months, not six. I think six months is mentioned because pre-covid the LL had to give two months notice, so the s21 notice can't come into effect less than six months into the tenancy. In your case he served notice on 26th August 2020, so should have give you 3 months notice. Legal proceedings shouldn't be raised more than three months after the end of that notice period.

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

But be aware that some forms and documents have been updated to show the situation if a s21 notice is being issued right now, not necessarily what applied to a notice issued before the changes on 28th August.

What can a Landlord do with an invalid Section 21 notice?

What can a Landlord do with an invalid Section 21 notice?

Re: What can a Landlord do with an invalid Section 21 notice?