Section 21 dates - confused

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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

            Latest Activity

            Collapse

            • When to call end to tenancy
              Slepewalker
              Thoughts from experienced landlords would be appreciated. The tenancy is now periodic. The house is a modern build, in good repair and decoration.


              Tenants are slow in reporting maintenance issues or, conversely, needy. We have replaced a blown light bulb as tenants did not know how...
              18-05-2019, 17:58 PM
            • Reply to When to call end to tenancy
              alice123
              if tenants smoke outside thats usually acceptable

              i think that for mice well - this is a common problem but as for carpets smelling of urine ??mmmm I found i had mice in my loft a few years back and the council come down for free to put stuff down and do a survey all free maybe you could...
              19-05-2019, 23:22 PM
            • deposit and damage
              shiraaz
              Hi all
              I've read quite a few of the posts here about deposit returns and deductions. Renewals of on going tenancies, unprotected deposits but I still have some questions

              A tenant moved in Oct 2015 and vacated on 29th April. (I have 6 other properties I let just for context). This...
              15-05-2019, 11:18 AM
            • Reply to deposit and damage
              alice123
              exactlly where is the deposit now ? in the scheme ? or in your pocket ?

              this doesnt make sense to me --

              This particular one the letting agent I use always put the deposit into a scheme themselves and when tenant vacated in 2015 they returned as there were arrears and damages...
              19-05-2019, 23:17 PM
            • Buying a tenanted property
              craig2222
              Hi I'm thinking about buying a tenanted property.Is there anything I should be weary of ? .This would be my 4th and would bring my total income to about 48000 minus mortgage interest etc.Im presuming the new tax rules would not affect me as I would still be in the basic tax bracket ?
              19-05-2019, 19:04 PM
            • Reply to Buying a tenanted property
              alice123
              if there is a tenant in there - beware
              is there some reason why the property is being sold ? is this a bad tenant ect ?
              not sure if you would be in the basic tax bracket but check that out - in a basic tax and earn 9,000 pounds plus my rental income 4000 pounds minus repairs/mortgage and...
              19-05-2019, 22:34 PM
            • i Have given up letting ......
              alice123
              just to let you all know i have given up letting - the only property i have now is where my son lives and a let that one out and hes no intention of letting me sell it either to himself or otherwise -
              i did have another property which was quite far away and the problems i had with a tenant with...
              17-05-2019, 16:10 PM
            • Reply to i Have given up letting ......
              alice123
              yes ive dont know why people on here think i dont fill in my tax return as it seems to be something that people think i do not do when i have been doing it for the past 20 years , although im a low earner and pay very little tax or usually get a return - been letting property out for 20 years and self...
              19-05-2019, 22:30 PM
            • I did not use tenancy deposit scheme help !
              abenson246
              I am a novice landlord and i took over the tenancy from the agent and they gave me the deposit . Tenets moved out and i deducted £160 from there £600 deposit for repairs . Then got a letter from a solicitor demanding 6x the deposit ! After looking in to it i now see i was in the wrong but from...
              08-04-2019, 22:41 PM
            • Reply to I did not use tenancy deposit scheme help !
              alice123
              i know of a landlord who has over 100 properties and NEVER takes a tenacny deposit simply because of this...
              19-05-2019, 21:46 PM
            Working...
            X