Section 21 dates - confused

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    Section 21 dates - confused

    HELP!!

    Pulling my hair out here with the legal process for claiming possession. Just had a letter saying the claim should be struck out because “the notice does not appear to require possession ‘after a date specified in the notice being the last day of a period of the tenancy’ “

    Summary

    - Latest signed AST commenced 10 Feb 2015 for the term of 12 months less one day, hence expired 9 Feb 2016
    - Since then tenancy has defaulted to periodic
    - S21 notice dated 20 June 2018, seemed served on 23 June 2018
    - S21 date of expiry 9 Sept 2018

    I gave the tenant more than the required 2 months notice & the expiry date was the last day of a rental period. The rent payments are due on the 10th of the month.

    Can anyone help me figure out where the error is & what my next steps should be. Because it was an accelerated possession order, the tenant has also not paid tent since 10th Sept & is 2 months in arrears also as of today!

    #2
    Which sort of s21 notice did you serve? (eg Form 6a).

    Where (eg RLA, gov.uk, some old copy you had from 10 years ago...) did you get the s21 from, please?

    I presume (you do not mention.) that the letter was from court: If so suggest you serve fresh 6a from gov.uk.
    https://assets.publishing.service.go...n_property.pdf

    You are also at liberty to serve s8 TODAY for rent arrears!! (Could have sept 11th) and also start MCoL (not recommended). Tenant might take hint & start paying.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      There is a standard questionnaire in a sticking posting, which you need to complete. One of the question is about the rental intervals. If they are monthly, not making the fixed period an exact number of months certainly will confuse matters.

      I'm pretty sure that, if the rent is payable monthly, the date of expiry would have to be the 10th, but generally people don't create such confusing contracts, so I can't be sure that that is correct..

      Comment


        #4
        OP, please compete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

        Comment


          #5
          Notice doesn't have to end at the end of a tenancy period, unless the notice is specifically defined as being served under s21(4) of the housing act 1988.

          It sounds as though the notice possibly expires "on" a date, rather than "after" a date.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            What did your notice say exactly?
            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

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