Correct date for S21?

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    Correct date for S21?

    i intend serving notice on a tenant. The property is in England and the tenancy began on 31/10/10. Periodic since 2013. Am I right in thinking the correct leaving date to put on the notice is 29/1/19? Thanks.

    #2
    At least two months from the deemed date of service of notice.
    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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      #3
      Thank you. So I don't have to wait until the end of this month to serve it which is when the next rent is due?

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        #4
        The end date doesn't have to be in line with any specific date, the date now merely has to be long enough from service, which is at least two months unless the tenancy is contractual periodic where the period is longer than monthly in which case it could be longer.
        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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          #5
          Thanks for that. I am absolutely fuming with the tenant and want to serve it asap. I own the property next door which was viewed yesterday morning by a couple who decided they wanted it. Ideal tenants, both in good jobs, who even wanted to decorate it themselves and put their own curtains in. They returned in the afternoon without the agent just to look at it from the outside. My tenant, who has caused endless trouble with the neighbours over parking and other issues and who bears grudges against everyone including myself spoke to them and managed to persuade them against moving in. I was spitting feathers!

          If I serve it tomorrow 15/11 then should I put 11/1 as the required leave date? I want to be sure to get it right first time. His deposit is protected, I served him with the prescribed info etc. Unfortunately I can not find a copy of the EPC which the agents organized. Because they have been in the property for eight years the agents no longer have copies of anything relating to the commencement of the tenancy.

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            #6
            Check s21 against
            https://nearlylegal.co.uk/section-21-flowchart/
            &
            https://markprichard.co.uk/content/d...ecker-tool.pdf

            You'll appreciate a valid s21 does not end tenancy nor require a tenant to leave: (Unless tenant decides to go..) only a court then PO then expiry then bailiffs/HCEO can do that (see HA 1988...)
            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...

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              #7
              Originally posted by mystic08 View Post
              If I serve it tomorrow 15/11 then should I put 11/1 as the required leave date?
              Erm, months as in calendar months. Two months from 15th November is 15th January the following year. And it's two months from deemed date of service. Check your tenancy agreement on how a notice under the tenancy is served and when it is considered served.

              Originally posted by mystic08 View Post
              I want to be sure to get it right first time. His deposit is protected, I served him with the prescribed info etc. Unfortunately I can not find a copy of the EPC which the agents organized. Because they have been in the property for eight years the agents no longer have copies of anything relating to the commencement of the tenancy.
              If the tenancy became periodic in 2013, then EPC (or GSC or How to Rent) isn't an issue.
              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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                #8
                Thank you. I have looked at the flow chart and am sure the S21 will be valid, especially as I have now located the EPC. However I'm now uncertain again about the day possession is required. Question 79 on the chart asks "Is the date given in the notice as the day after which possession is required, the last day of a period of tenancy" it says if the answer is no then the notice is invalid. The last day of the month is the end of the period of tenancy for my tenants and when they normally pay their rent. If I'm reading the flow chart right then I can't serve a valid S21 until the end of November. This seems to contradict what KTC said? Apologies if I am being dumb. I just want to make sure I know exactly what date to put down and get it right first time.

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                  #9
                  The guide pre-dates the s35 of the Deregulation Act 2015 coming into force on 1 October 2018 for tenancy pre-dating 1 October 2015.

                  Is the tenancy in a fixed term or a statutory periodic tenancy arising from a fixed term? Yes, notice period under s21(1) at least two months.
                  No, then the tenancy being a contractual periodic tenancy, notice under s21(4), and if the periods of the tenancy is monthly, then it still works out to at least two months.
                  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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                    #10
                    I missed your post KTC while I was composing my own. Thank you for pointing out its calendar months. Will check out the tenancy agreement on how notice is served.

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                      #11
                      You can serve the notice whenever you want, the question is how early can the date be on the notice where you specify you require possession after that date.
                      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
                        Great. Many thanks for your help. I appreciate it.

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                          #13
                          Don't forget to add a couple of days for service if youre posting it

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                            #14
                            Many thanks. Will do.

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                              #15
                              The Expiry date should be expressed as 'After <date>.
                              It is often simpler if it expires at end of next available 'rent due' date.

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