Eviction notice s21

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    Eviction notice s21

    I refer to the checklist here:
    https://markprichard.co.uk/content/d...ecker-tool.pdf
    ​​​​​​The AST began in July 2015 and was 12 months. Nothing has been signed since.
    On question 6 I am not sure which answer to follow.
    There is a mention of a statutory periodic tenancy but I am confused!.

    #2
    Began in July, you say? So the answer to 'Did the AST begin on or after 1st October 2015' is 'No'.

    Comment


      #3
      Not 100% sure what your question is -- you have I think answered it in your first sentence.

      This flowchart really shines light on the joke that L&T legislation has become - nothing at all to do with protecting actual tenants or anything at all logical or purpose-driven -- just a Kafkarian cosmic joke delivered by beaming money grubbing lawyers and designed to cost tenants and landlords as much money as possible, to reduce choice, stultify the market for homes, and to harm the most vulnerable.

      Comment


        #4
        Originally posted by Propertygoesup View Post
        On question 6 I am not sure which answer to follow.
        There is a mention of a statutory periodic tenancy but I am confused!.
        Unless your tenancy agreement contains terms that indicate that the tenancy has no fixed term that ends, but has an initial term of 12 months that then continues, after the 12 months fixed term, a new periodic tenancy began.

        That's the statutory periodic tenancy.
        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


          #5
          The AST began before the October 15 date but the spt began after (July 16) so not sure which option to choose on the flowchart

          Comment


            #6
            It refers to 'The tenancy'. If it meant 'when did periodic tenancy start' it would have said so.

            Comment


              #7
              Originally posted by Propertygoesup View Post
              The AST began before the October 15 date but the spt began after (July 16) so not sure which option to choose on the flowchart
              See footnote 7

              "Not including a statutory periodic tenancy automatically arising under section 5(2) of the Housing Act 1988, immediately following a tenancy granted before 1 October 2015."
              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


                #8
                That's good news so I don't have to worry about the rent guide and energy certificates etc!

                Comment


                  #9
                  Seeing as it looks more straightforward and less to go wrong due to my AST being before Oct '15 should I serve notice myself via hand or first class mail , or is it still advisable to get landlord action involved from the start?

                  Comment


                    #10
                    No, of course don't get Landlord Action involved. (Unless you want to pay them £2000.)

                    Send the notice from two post offices by ordinary post and get proof of posting.

                    Comment


                      #11
                      There is no need to post Notices from 2 separate PO's, just send 1, correctly addressed. with First Class stamp on.and allow 2 working days for delivery.

                      Comment


                        #12
                        Originally posted by mariner View Post
                        There is no need to post Notices from 2 separate PO's, just send 1, correctly addressed. with First Class stamp on.and allow 2 working days for delivery.
                        Because nothing ever gets lost in the mail, does it?

                        Comment


                          #13
                          Is hand delivering preferable to post?

                          Comment


                            #14
                            Originally posted by JK0 View Post
                            Because nothing ever gets lost in the mail, does it?
                            The figure for things lost in the post is so low that it's legally treated as, basically, zero.
                            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


                              #15
                              Originally posted by jpkeates View Post
                              The figure for things lost in the post is so low that it's legally treated as, basically, zero.
                              You're talking as a lawyer again, JPK. While a judge might take a fellow lawyer's word that the letter was posted and received, that privilege is not extended to us lesser mortals.

                              For the sake of a 70p stamp and a little walk, I'll continue to send the two letters.

                              Comment

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