'New' Section 21 question

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    'New' Section 21 question

    I have a Tenancy which originally began after 1st October 2015 and is now in its third fixed-term ‘replacement’ tenancy dated 21st July 2017 to 20th July 2018.

    Property is in England, initial fixed-term was for 6 months, tenancy period runs per calendar month, LL does not live in same property, deposit protected, EPC and GSC provided and up to date, PI and latest How to Rent booklet (at the time) all served and signed for by tenant.

    I am looking to serve a Section 21 during this fixed-term, obviously to expire on the last day of the fixed-term (20th July 2018).

    However, “when a Section 21 notice has been served under a fixed term AST.......possession proceedings must be started within 6 months of the date the notice was served”. Source: https://www.landlordzone.co.uk/infor...ion-21-notices

    My question please is; the notice must end on the last day of the fixed-term and must be served at least two months prior, however how can I start possession proceedings within 6 months of the date the notice was served when I must wait firstly for the fixed-term to end?

    #2
    Well you have started possession proceedings by issuing the S21. Have I missed something?



    Freedom at the point of zero............

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      #3
      If I understand the question correctly, the answer is you can’t. You have to give the tenant 2 months notice, so serve it 2 months before the fixed term of the AST expires. That then leaves you 4 months to start possession proceedings IF they don’t leave.
      Dont issue the s21 too early, basically, as it’s only valid for 6 months.

      Edit: If you’ve already issued it then that was a bad move.

      Comment


        #4
        The s21 is now invalid if served after last week, An updated Right to Rent was published last week.

        Comment


          #5
          I think mariner means How to Rent and yes, if you served the notice after that had been published without issuing it first then the notice would be invalid.

          Comment


            #6
            No I haven't served the Section 21 yet.

            Comment


              #7
              Originally posted by mariner View Post
              The s21 is now invalid if served after last week, An updated Right to Rent was published last week.
              Originally posted by DPT57 View Post
              I think mariner means How to Rent and yes, if you served the notice after that had been published without issuing it first then the notice would be invalid.
              That's not correct.

              "Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the document each time a different version of that document is published during the tenancy." - Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 Reg. 3(4)
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                But current version should have been provided before serving s21.

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                  #9
                  Where does it require that? A landlord is only required to serve a copy of the How to Rent booklet at the start of each tenancy, and that is only if they haven't provided that version before.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  Comment


                    #10
                    Thanks KTC - and I'm sure I'm right in understanding that by 'each tenancy' that also means each 'replacement' fixed-term tenancy (same tenants at same property).

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                      #11
                      Yes, and also when a fixed term ends, and a statutory periodic tenancy starts.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                        #12
                        My apologies. I didn't read the OP carefully enough.

                        Comment


                          #13
                          So just to be clear - is it correct that we do NOT have to re-serve the How To Rent booklet (whatever updated version it is), if we have already served it at the beginning of the first original Tenancy and/or before any Section 21 is issued?

                          Comment


                            #14
                            Let me make it simple.

                            If you intend to serve s21 notice by 20 July 2018 when the fixed term ends, and if you had at any point given the February 2016 version of the How to Rent booklet to your tenant, you're okay. The booklet needed to be given in printed hard copy, unless you have an explicit agreement with your tenant that you can serve notices and other documents to them by email, in which case it could be sent as an attachment in an email.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            Comment


                              #15
                              Great, thanks KTC - yes have done all that.

                              And thank you to Hitman for your good advice.

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