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Section 21 notice

4 replies

Fisherprice0311 · 25/03/2023 04:53

Hi, does anyone have any advice regarding validity of an S21 notice?

I'm contesting on the following points, just want to be a 100% sure:

  1. They have served it electronically and there are no provisions in the AST for such service. (Page 18 Schedule 3 Clause 9) : purple bricks have mentioned that there's proof of postage, and I've asked to have a look at it.
  2. They haven't put in the Landlords Name or agents name and address into the Form 6a (Page 2 point 4) - they have argued this saying that the agents name and address is present in the signed section that follows it.
  3. Additionally, there is no provision to place the tenancy onto a contractual periodic tenancy. This means that when the tenancy rolled onto a periodic in March 2020 it went onto a statutory periodic tenancy - also confirmed by PurpleBricks in their letter dated 3rd Feb 2020. The deposit being held by yourselves is thus over and above the allowed 5 weeks of rent as stipulated in the TFA 2019. You are therefore required to return the excess before a valid section 21 can be served.

Does anyone have any idea?

OP posts:
Pangolin23 · 26/03/2023 21:30

Better to ask this on LandlordZone forum or the MoneySavingExpert housing forum, they are experts at this of thing. Good luck!

Goldpanther · 08/04/2023 21:33

The deposit in excess of 5 weeks rent definitely makes it invalid.

https://www.gov.uk/government/publications/tenant-fees-act-2019-guidance

Read the landlords guide on the gov website linked above.

I would wait until the last possible moment to let them know it is invalid.

Tenant Fees Act 2019: guidance

Guidance for tenants, landlords, letting agents and local authority enforcement officers explaining how the Act affects them.

https://www.gov.uk/government/publications/tenant-fees-act-2019-guidance

PrincessofWellies · 09/04/2023 23:37

Have a look at the valid notice checker on Nearly Legal, Giles Peakers blog.

PrincessofWellies · 09/04/2023 23:40

You shouldn't contest it now, wait until the court date. They'll be told to re serve it then if it is invalid and this will give you more time. Ask for costs against the landlord.

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