Section 21 Notice

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M
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I have seen the s21 notice that you state you have served. I have advised ****** that the s21 the notice is not valid .



Firstly during the first six months of an assured shorthold tenancy a s21 notice cannot take effect for six months (irrespective of the fact that in this case you have granted a an initial three month fixed term (see Housing Act 1988 s21 (5)

Secondly in any event a new tenancy has been granted to ***** to which the original s21 cannot apply. This is because he has been granted a tenancy of a new room at a different(higher) rent.

As you are no doubt aware once a s21 notice expires if the tenant does not leave then you as the landlord would be obliged to obtain a court order. For the reasons outlined above ***** could submit a defence and I have advised Mr Usher that I would fully expect such a defence to succeed.



I hope this clarifies this and I trust that this matter can be amicably resolved.



Yours sincerely







19/06/2015 17:27

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