UK Landlord Forum / Life

We have had tenants in our home for 2 and a half years, but need to move back into our house.  We asked the letting agency to serve a section 21 notice.  This should have been straightforward - it is an assured shorthold tenancy, the fixed term had expired and we had gone on to a periodic tenancy.  The notice was served in good time to give 2 months notice from a rent day. 

Come the day they did not move out.  They are claiming that the expiry date is out of date therefore it is not valid.  I now find that the agency served a Section 21(1)b for a fixed term tenancy, and not a Section 21(4)a for a periodic tenancy.  Does this mean that the notice is not valid, and if so, do I have any comeback against the agency?

Hey Carrick,

Courts are extremely fussy when it comes to eviction - if you don't serve the correct sections with the correct information, they won't be taken seriously and the case will most likely get thrown out. In this case, your tenants are probably correct.

If you feel your agent has supplied with a poor service and you want to complain, this article maybe for you...

http://www.propertyinvestmentproject.co.uk/blog/use-letting-agents-that-are-registered-with-an-approved-redress-scheme/

Best of luck

Thanks for your reply, propertyfag, I have now had it confirmed by a lawyer that the section 21 served is invalid.  So it is back to square one. 

I am stunned that such a large and reputable letting agency - they are huge in both letting and sales of property in this city - have made such a mistake.

As I had been preparing to apply for a possession order I requested all the relevant documents from the agent, and have seen the tenancy agreement for the first time - only to find that they have only named my partner as landlord on the tenancy agreement and not me as well, although my name is on the deeds, and that they have spelled my partner's surname wrong.  Does anyone think this will invalidate the agreement?