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  • Legal FAQs

    New Court of Appeal decision on Section 21

    (12-12-2013 05:13 PM)dsns Wrote:  I have some ideas of wording but I am afraid that my solicitor hat comes on at this point as I am charging for that bit!

    And if the wording does not work, will you pay me 3 times the rent and all my loses due to not being able to use a S21?
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    Well if I have given you legal advice and said it will definitely work for this then I have to. That is why solicitors are insured.
    Its also the reason I am not prepared to do it in an open forum where I have no idea how the wording will be used
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.
    Many thanks David for your reply I will consider your offer

    I do have a question the deposit certificate issued by My deposits and I believe others states that the period of insurance is for a fixed term and states that term. Will this be of material consequence if the tenancy agreement is changed to fixed going to periodic?Or do we need somehow to persuade the deposit insurance providers to change their wording on certificates?
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    MyDeposits require you to pay annually and I assume they will issue a new certificate. It is irrelevant though as there is no requirement for the tenant to be given a certificate despite all the schemes producing one
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.
    As an update on this case the tenant has now sought permission to appeal to the Supreme Court. I am limited in what I can say as I am instructed to resist this for the landlord.
    There are two points to note here:
    1. The tenant may not get permission to appeal;
    2. The tenant may not win the appeal.
    Therefore it may be that the current Court of Appeal decision will stand but we are not sure yet. For the moment it is best to keep using old-style s21(4)(a) notices until we know more.
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.
    How is the tenant appeal being funded?

    How is the landlord funding his/her legal costs?
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    Those come under the list of things I cannot comment on I am afraid! Sorry.
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.