s21 Notice for 6 months AST cannot end on last day of fixed term?

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    s21 Notice for 6 months AST cannot end on last day of fixed term?

    Under the coronavirus situation, the period of notice for a s21 Notice has been increased from 2 to 3 months. It is not possible to issue a s21 Notice in the first 4 months; also, the notice must be 3 clear calendar months. The earliest effective date of a notice, therefore, must be the end of the 8th month. For example, for an AST of fixed term from 1st of March to 31st August, the earliest date to issue notice would be 1st July; the corresponding earliest effective date would be 31st October. The latest date to issue a notice which is effective 31st October is 30th or 31st July depending on the method of communication.
    It would also appear that, even under the old 2 months notice, the earliest effective date would be the end of the 7th month – even this is 1 month after the last date of the fixed term.
    Am I correct?

    #2
    I don't think we have to stick to periodic dates any more. Therefore a notice issued on 1st July could be effective on 1st October.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      If you serve notice on day 1 of month 5 then it can expire on the last day of month 6, which would coincide with the last day of a 6 month fixed term. However, a landlords notice does not end the tenancy or compell the tenant to leave so you cant avoid a periodic tenancy arising if thats what you're asking.

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        #4
        Originally posted by DPT57 View Post
        If you serve notice on day 1 of month 5 then it can expire on the last day of month 6, which would coincide with the last day of a 6 month fixed term. However, a landlords notice does not end the tenancy or compell the tenant to leave so you cant avoid a periodic tenancy arising if thats what you're asking.

        Out of interest therefore given the current coronavirus 3 months rule does this mean someone would serve notice on day 1 of month 5 to expire on the last day of month 7 now (that being the 3 months duration according to current legislation) or have I understood that incorrectly. (does it matter if that notice is served some time in month 4 so to not miss the first day of month 5)

        Also to give maximum protection against those people just abusing the system should a landlord issue an S8 notice also each and every time the rent is missed and does it matter how close to the rent date it is issued (or must a landlord now wait a period before issuing)?

        I'm not planning on issuing either of these I just want to understand the process, I'm always committed to helping those people that are really in need but want to be prepared for those who take advantage.

        All the best Stew.

        Comment


          #5
          Originally posted by Stew View Post


          Out of interest therefore given the current coronavirus 3 months rule does this mean someone would serve notice on day 1 of month 5 to expire on the last day of month 7 now (that being the 3 months duration according to current legislation) or have I understood that incorrectly. (does it matter if that notice is served some time in month 4 so to not miss the first day of month 5)
          Yes, provided you served it by hand or with a process server, and the date of service was a weekday and before 4pm, you could make it end on the last day of month 7. However, theres not much point. If you serve by post you must add at least 2 days for service and some landlords add more for certainty.

          You cant serve a s21 notice before the start of month 5 by statute.

          Comment


            #6
            However, if the 6 month AST was a follow-on tenancy from an earlier fixed period tenancy, it seems that the 4 month ‘wait’ has been satisfied. Hence, it would be possible to give. 3 month notice within month 3, to terminate on the last day of the 6 month AST. Does anyone have any problems with that?

            Comment


              #7
              I believe that that is correct.

              There is one 4-month limit per lease that begins with the first tenancy, so a follow on tenancy would only be affected if it begins within the 4 months.
              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
                S21 could never expire ON the last day of fixed term, had to at least say AFTER that day.

                It really doesn't matter , one day or another, or am I missing something? S21 doesn't end tenancy nor compel tenant to leave:. Only court then Bailiffs can do that
                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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                  #9
                  It can expire on the last day of the fixed term, but its expressed as notice being required AFTER that date.

                  Comment


                    #10
                    Originally posted by DPT57 View Post
                    If you serve notice on day 1 of month 5 then it can expire on the last day of month 6, which would coincide with the last day of a 6 month fixed term.
                    No, it can not.

                    It has to be at least 2 months (emergency legislation excluded), so if served day 1 of month 5 the earliest it can require possession is "after day 1 of month 7".

                    Comment


                      #11
                      With respect, I think you're confusing the expiry date of the notice with when the landlord can require possession. In this example, the notice will expire at midnight on the last day of month 6, along with the fixed term. Notice for s21 is expressed as requiring possession after expiry so the earliest that possession can be required is the early hours of day 1, month 7.

                      Comment


                        #12
                        Sorry, please ignore the above. I've just realised that serving notice at any point on day 1, month 5, would not give rise to a full 2 months notice by the end the last day of month 6. Therefore, I think that I was wrong and a 6 month fixed term tenancy cannot have a s21 notice which expires earlier than the first day of month 7.

                        Comment


                          #13
                          Ignoring the new 3 months CV-19 rule and when we are back in normality does the above only cause an issue in the first four months so if for example you served S21 on the last day of month 6 then it would be effective on the last day of month 8 or have I confused myself?

                          All the best Stew.

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