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Question

Landlord Wants Tenant to Leave (England)

section 21 notice

16 Aug 2017 | 5 comments

hi, i have recently issued a section 21 notice to a tenant but on the notice i have enetered the wrong flat number, will this invalidate the notice and do i need to send another notice?
kind regards Darren

Answer

5 Comments

  1. guildy

    This could be a problem yes. It could depend on whether the tenant got the notice or not as a matter of fact. If the tenant says they didn’t receive the notice, it would be difficult if not impossible for you to show they had received it especially if posted. If hand delivered to the actual flat you may have more success.

    Please see this article which explains slip of pen errors and some examples.

  2. DARREN_BARTRAM

    hi and thanks for your swift reply, i delivered the notice by hand, i took picture of it in the letter box and took several photos of the letters before i posted, i also sent one by post and i have a receipt for proof of posting which has the correct delivery address on it, the only mistake on the notice was the actual address written on the notice, it should have been flat 2, but after checking my copy the other day it says flat 3 ( to my anger )there can be no dought that it was meant to say flat 2 and that the tenant had received the notice at the correct flat ( in my oppinnion ) as i have nothing to do with flat 3!
    i have read the section type errors and feel confident to carry on but on the other hand i worry it may throw a spanner in the works as i am 99% sure i will have to go all the way to get him evicted as the tenant has made it quite clear he isn’t going anywhere!!
    your thoughts would be great
    thanks

    • guildy

      It’s just impossible to say.

      At least in this case, it can be argued it was hand delivered and the postman will have delivered it to the communal door so the tenant is likely to have seen their name.

      It’s very difficult to predict the courts especially nowadays.

      • DARREN_BARTRAM

        hi thanks for your advice, i have decided to re issue this section 21 notice, will pay someone to do it this time!!
        is there anything i need to do to the old notice first, maybe send the tenant a letter to say it has
        been cancelled?
        yours thankfully Darren

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