Can I re-use a section 21 notice initially rejected by the court because I issued too early?

Q

My application for possession of a periodic tenancy failed because the expiry date on the Sec 21 notice overran into the next period which has now passed. The application was adjudged as being early. Can I now file a new application using the same notice which contains a rider enabling the alternative next applicable date. N Abbabil of London



A

You need to be really careful with section 21 notices. Claims have been thrown out of court if the notice period is just one day wrong. However if you have a properly drafted saving clause then this should allow the notice to still be used even though the actual date on the notice is wrong. There is Court of Appeal authority for this now.
The fact that you have already issued proceedings on that notice which were not allowed because your notice period had not expired, should not prevent you issuing proceedings under that same notice once the proper notice period has expired.
Note by the way that +Plus members can use our Do it Yourself Eviction Kit which includes full instructions on bringing a claim using the accelerated procedure. 5 August 2012

 

 

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