Section 21 - periodic tenancy

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    Section 21 - periodic tenancy

    Hi All,

    Just want to double check I've covered the bases here.

    I want to serve a section 21 on a periodic tenancy started 30th June 2008.

    The deposit is protected and the tenant has the details for this.
    The AST has the incorrect address for me the landlord and it also has my ex(very ex) wife on there - do I correct both of these with a section 48 before serving the section 21?
    The section 21 should be section 21(4)(a) inline with the periodic tenancy?

    I understand it will be a 6 month notice on the section 21.

    Anything else I need to take into account?

    Thanks.

    #2
    Originally posted by faxfan View Post
    The deposit is protected and the tenant has the details for this.
    If you google "Nearly Legal Section 21 checker", you'll find a flowchart that tells you exactly what the requirements for a section 21 are.
    The AST has the incorrect address for me the landlord and it also has my ex(very ex) wife on there - do I correct both of these with a section 48 before serving the section 21?
    That would be ideal, but it isn't actually necessary for the s21 notice to be valid.
    You should really have done it some time ago, though.
    The section 21 should be section 21(4)(a) inline with the periodic tenancy?
    Don't specify the specific section on the notice (reference both sections) and ideally I'd use the current prescribed form, even though you don't have to.
    I understand it will be a 6 month notice on the section 21.
    That's correct.

    If you haven't served notice already and haven't fallen out with the tenant, I'd talk to them before serving notice, so they understand what you're intending and may move out sooner than six 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


      #3
      Thank you for the pointers.

      I've spoken the tenant (offering support and flexibility) and always had a very amicable relationship but he is, understandably, upset at being asked to leave and immediately sent links to section 21 advice from CAB and pointed he needs 6 months notice and "probably more".

      So it does look like he may not be so amicable in vacating the property, but this could be the initial knee jerk reaction from him.

      I believe I need to be safe rather than sorry and do things by the legal book as it were...

      Comment


        #4
        Originally posted by jpkeates View Post
        ideally I'd use the current prescribed form, even though you don't have to.
        I don't think there's any more argument that the prescribed form is not required for older ASTs in England.
        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 faxfan View Post
          ....

          I believe I need to be safe rather than sorry and do things by the legal book as it were...
          You'd usually considered doing things not the legal way?
          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


            #6
            Originally posted by theartfullodger View Post
            You'd usually considered doing things not the legal way?
            Good grief, the internet is a truly joyous place sometimes. Normally I'd like to come to some amicable agreement and the tenant agrees to move out on a mutually acceptable date. Nothing more implied than that.

            Comment

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