Section 21(4) short notice

[dormantvoid]

Hi,

Just wondering if I can get help with clearing this up.

A Section 21(4) notice was posted on Thursday November 9th 2017. It was therefore served on Monday 13th November 2017 (next business day after 2 days had passed).
The expiry date for the notice is 11th January 2018. This is less than 2 months notice.

Is it valid? Is it up to the court to decide or is it definitely valid/invalid?

Thanks

[jaguarsuk]

Has the fixed term of the tenancy ended? And if ti has, what is your rent due date?

[bb41]

If it was posted on the 9th of November then it will be delivered by the 11th November ... , normally you would expect whoever served the section 21 to use a next day delivery service with proof of posting . The court could ask to see the proof of postage at the hearing and I presume the section 21 was not unexpected either through no fault or for other reasons rather than issuing a section 8

The section has to be a clear 2 months from when the rent is due so as Jaguar said above the 2 months notice must be from the date the next rent was due .

When I issued a section 21 I made sure that all the relevant dates were adhered to especially as even the smallest discrepancy can rule it null and void