Date for Section 21

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    Date for Section 21

    Our tenant started their tenancy on 12th of the month about seven years ago. About about five years ago changed her monthly rent payment date to the first of the month. Does the date the tenant pay rent affect the date we put on the Section 21 as to when we want the property back? Does it just need to be a specific date, or do we just need to give the tenant two month's' notice from today's date as it were?

    Thanks in advance for any help.

    #2
    You need to give the tenant at least two month's notice.
    Allow a couple of work days for delivery if you post it first class (get proof of posting when you do it from a post office).
    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


      #3
      There is insufficient information to provide an answer.

      Please provide the information requested in https://forums.landlordzone.co.uk/fo...ll-new-posters.

      jpkeates' response is probably correct if
      1. The property is in England, and
      2. the tenancy is statutory periodic

      Comment


        #4
        Originally posted by MdeB View Post
        jpkeates' response is probably correct if
        1. The property is in England, and
        2. the tenancy is statutory periodic
        OR works there, don't need an AND.
        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.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Originally posted by KTC View Post

          OR works there, don't need an AND.
          I thought the change in the deregulation act specifically excluded Wales.

          Comment


            #6
            Originally posted by MdeB View Post
            I thought the change in the deregulation act specifically excluded Wales.
            Correct. So in England, either s21(1) or s21(4) with the benefit of s21(4ZA) both gives "at least two months" if the tenancy is monthly. In Wales, Spencer v Taylor mean SPT can give notice under s21(1).
            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.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Wouldn't that make it
              1. (The property is in England OR Wales) AND
              2. the tenancy is statutory periodic

              Comment


                #8
                I'll expand my answer.

                First the assumptions. The OP asked about section 21 notices, which implies an assured shorthold tenancy under the Housing Act 1988 as amended, which implies the tenancy is in England or Wales. Then the OP talks about monthly rental payment, so I assume that we are talking about a periodic tenancy (whether from the start or statutory periodic) with a monthly periods.

                s21(1) is simply "not less than two months" whether we are in England or Wales. Notice may be given under this subsection if the tenancy is still within the fixed term, or the tenancy is a SPT per Spencer v Taylor [2013].

                If the tenancy had been periodic from the start, then the notice may only been under s21(4). In such case, s21(4ZA) applies in England for the tenancy in question since 1 October 2018 per the Deregulation Act 2015. That leaves us with "not earlier than two months" plus bits about not earlier than an equivalent notice to quit. Since we are assuming monthly periodic, the earliest day an equivalent notice to quit must be within two months.

                Q.E.D.
                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.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  The OP asked two specific questions about a s21 notice, which happen to have the same answer.
                  There's a huge amount more that can be offered about the s21 process, some of which might be really helpful, but that wasn't the question asked.

                  And nothing in the post set off any alarm bells which would usually prompt additional questions.
                  Of course, I could be wrong.
                  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


                    #10
                    Sorry for the delay in coming back to the post. Yes, the tenancy is indeed in the UK. It started off as a Assured Shorthold Tenancy. It wasn't renewed but the tenant stayed in the property, so tenancy became Statutory Periodic. JPKeates, your assumptions were indeed correct. Many thanks for all the advice everyone has offered. I am currently considering giving tenant three months notice, so we will have definitely given sufficient notice for Section 21.

                    I am currently watching TV waiting for outcome of Brexit vote. Worried about house prices is we crash out of Europe and thinking that we may be forced to keep the house if house prices are likely to plummet. We will see........................

                    Comment


                      #11
                      UK very interesting but is that England, Wales, Scotland ? The law is different. United my +rs+.

                      Brexit vote not until 7pm-ish. Perhaps we'll stay in the EU..!
                      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


                        #12
                        Sorry! It is England!

                        Comment


                          #13
                          Originally posted by Fargesia View Post
                          I am currently considering giving tenant three months notice, so we will have definitely given sufficient notice for Section 21.
                          Section 21 notices expire 6 month's after they're served (unless you escalate them to court), so if you give three month's notice, be ready to go to court as soon as it expires.
                          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


                            #14
                            Thank you for this advice!

                            Comment


                              #15
                              Originally posted by KTC View Post
                              Then the OP talks about monthly rental payment, so I assume that we are talking about a periodic tenancy (whether from the start or statutory periodic) with a monthly periods.
                              But it could have been contractual periodic.

                              Comment

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