which section 21 notice

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  • which section 21 notice

    I have a fixed term tenancy that is due to finish at the end of march. I want to give notice which section 21 do I need to use 21 (1) (b) or 21 (1) (a) or doesn't it make any difference?

    mike

  • #2
    Originally posted by mike27 View Post
    I have a fixed term tenancy that is due to finish at the end of march. I want to give notice which section 21 do I need to use 21 (1) (b) or 21 (1) (a) or doesn't it make any difference?
    You need "b" - the other one is for use after the end of the fixed term of the tenancy.

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    • #3
      Originally posted by Ericthelobster View Post
      You need "b" - the other one is for use after the end of the fixed term of the tenancy.
      Yes, but;
      i. a Notice under s.21(1)(b) served now must run for two months, even though that period protrudes beyond the term expiry date; and
      ii. the 'alternative' Notice, for service after the term expiry date, is s.21(4)(a), not s.21(1)(a).
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Did you know that service of a S.21 (1)(b) Notice could still be valid for a statutory periodic tenancy, even though the correct version is (4)(a)?
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        • #5
          I've heard the same that it has to be in writing but not on a prescribed form, any clarity on this?

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          • #6
            There is no prescribed format (and never has been) for a S.21 Notice, it can be a letter providing the necessary information is contained withn it.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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            • #7
              The first section 21 court hearing i used (which was defended) the s21 didnt state (1)(b) or (4)(a) and it still sailed through.

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              • #8
                The wording for each does differ a little though
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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