Section 21 expiry date confusion

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    Section 21 expiry date confusion

    Hello All

    I know this information is on this site but either I am very thick or I'm too worried about getting things wrong - so I was wondering if you could help.

    My term on my AST is: A term certain of 6 months from 3 February 2006.

    I wanted to make sure that my tenants leave when the tenancy term ends so have served a Section 21 with the AST.

    The S21 is dated 3 February 2006. Should the expiry date be 2 August 2006 or 3 August 2006?

    Any help would be much appreciated.

    Thanks

    Sam

    #2
    As I understand it, the best wording would be that you require possession "after 2nd August 2006".Of course your tenants still don't have to leave then, you may need to go to court.(No doubt you've read that in other threads)

    Comment


      #3
      Originally posted by caroline7758
      As I understand it, the best wording would be that you require possession "after 2nd August 2006".Of course your tenants still don't have to leave then, you may need to go to court.(No doubt you've read that in other threads)
      Ok... but if my agent is an idiot and has put the words
      DATE OF EXPIRY ON in the section 21 should this then be dated 2nd August or 3rd August?

      Comment


        #4
        The end date is not important when the notice is served in the fixed term it just needs to be a minimum of 2 months and cannot end within the fixed term. The end date of your fixed term would be the 2nd.

        Comment


          #5
          Originally posted by Energise
          The end date is not important when the notice is served in the fixed term it just needs to be a minimum of 2 months and cannot end within the fixed term. The end date of your fixed term would be the 2nd.
          Ok.. final question I swear - does this then mean that - if the end date of my fixed term is the 2nd August and my notice says Date of Expiry On: 2nd August - its invalid because it falls within the fixed term?

          Comment


            #6
            What Caroline says "after 2nd August 2006". I have never seen it written any other way.

            Comment


              #7
              The term "After" the 2nd. August should be used or some clever judge may declare the notice invalid. I understand that this was due to a high court decision some time ago that the word After meant that the notice expired on or after midnight on the date concerned thus there is no confusion as to when the tenancy ended, furthermore the tenants will have held their tenancy for precicely the period granted and absolutely no less.

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment

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