Do I have to serve a section 21 notice?

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    Do I have to serve a section 21 notice?

    I am using a 12 month fixed contact which expries in July, after that it is a month by month rolling term. I need possession of the property in July at the end of the fixed term period. Does the contract automatically end at the end of the fixed period, and can I therefore expect the tenants to leave then, or do I need to serve a section 21 notice 2 months prior to the end of the fixed term?

    The relevant contacts details are below

    12 Months beginning on 1/7/2008 (‘the fixed period’)
    The agreement will then continue, still subject to the terms and conditions set out in this agreement, from month to month from the end of this fixed period unless or until the tenant gives notice that he wishes to end the agreement as set out in clause 4 overleaf, or the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or a court order.The tenant must vacate the property by arrangement of the above notices on or before 1/9/2009.

    #2
    Originally posted by TWR View Post
    I am using a 12 month fixed contact which expries in July, after that it is a month by month rolling term. I need possession of the property in July at the end of the fixed term period. Does the contract automatically end at the end of the fixed period, and can I therefore expect the tenants to leave then, or do I need to serve a section 21 notice 2 months prior to the end of the fixed term?

    The relevant contacts details are below

    12 Months beginning on 1/7/2008 (‘the fixed period’)
    The agreement will then continue, still subject to the terms and conditions set out in this agreement, from month to month from the end of this fixed period unless or until the tenant gives notice that he wishes to end the agreement as set out in clause 4 overleaf, or the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or a court order.The tenant must vacate the property by arrangement of the above notices on or before 1/9/2009.
    (So even if it turned periodic, T would only get two extra months (Jul & Aug 09) before he had to leave, according to this agreement?)

    Yes, you still need to serve a section 21 notice (requiring possession)at least two months before the end of the fixed term, to expire on 31.06.09.

    The tenant does not have to give notice within the fixed term - (he/she could just walk away), but you do.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Also be advised that you may not get possession back in July. A section 21 is merely NOTICE. If the tenant refuses to leave you will need to go to court to get them out, so be prepared to not have your house back until Christmas if you factor in bailiffs.
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        Ok thanks I'll get that sorted.

        I'm not kicking them out on bad terms, they always knew I would need possession around then (im moving into the property myself), so all being well they'll move out no problems.

        Thanks for your help.

        Comment

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