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Replacing old S21 notice (4 months notice) with new S21 notice (2 months notice) - challengable?

gcrow
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Macmillan/Welfare benefits advisor - Alnwick CAB, Northumberland

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Total Posts: 25

Joined: 24 November 2011

Good Morning collective minds

If someone received a s21 notice in September giving four months notice then the same landlord gives them another s21 notice on 1st October giving them two months notice - can the landlord now rely on the new notice to seek possession sooner?

Elliot Kent
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Joined: 14 July 2014

Yes. Serving a notice does not prevent you from serving a different one later. Similarly, a landlord can serve a s8 notice and a s21 notice at the same time. The landlord can rely on whichever notice they want to use in resulting court proceedings. Also note that there is a new form 6A which would need to be used for the new notice as from 01/10.

We have just had a case where the local authority landlord previously served one NOSP on grounds, a separate notice of demotion proceedings and now they have served a new NOSP on different grounds so there are three different valid notices on the go.

[ Edited: 6 Oct 2021 at 10:11 am by Elliot Kent ]