N5B possession claim - questions about Section 21 notice

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I have a couple of questions about filling in an N5B accelerated possession form after reading all the advice here and in various forum threads. Can anyone help?

1) I (perhaps inadvisably) sent the S21 notice via registered post and noted the date it was served as being 3 working days after posting. I have a clear copy of the tenant’s signature as proof of delivery, but I just noticed that it has no date on it, and I no longer have the proof of posting. Is this likely to be a problem?

2) I carelessly stated an incorrect date on the Section 21 notice (related to the date the tenancy agreement was signed, instead of the date the agreement was effective – a difference of 5 days) but it contained the saving words validated in Elias v Spencer [2010] EWCA Civ 246: "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 the expiration of 2 months from the service upon you of this notice" (LandlordZONE form). I am also stating the correct date on the N5B. It has now been more than a month since the notice expired. How can I make sure the case is not rejected due to the wrong date, i.e. should I highlight that the saving formula was used? Given that there is no notes box on the latest N5B form, should I mention this in a covering letter?

Thanks in advance!

29/03/2012 00:00

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