Notice under s.21(1)(b) or s.21(4)(a) of Housing Act 1988

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    #16
    You are right, The 21(1)(b) is used as long as the tenancy is still in the fixed period, the only requirement being that it must allow 2 months notice. the 21(4)(a) is for use when the tenancy is an SPT, it then has to start on a 'rent due' day and finish after the 2 months is up.

    Come on MTG, Jeffrey's explained this till he's blue in the face.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #17
      Originally posted by jta View Post
      You are right, The 21(1)(b) is used as long as the tenancy is still in the fixed period, the only requirement being that it must allow 2 months notice. the 21(4)(a) is for use when the tenancy is an SPT, it then has to start on a 'rent due' day and finish after the 2 months is up.

      Come on MTG, Jeffrey's explained this till he's blue in the face.
      Yes, I see now. Apologies for confusing everyone. It's the bit which OP has emboldened from the end of the extract from the letlink sheet which explains it.
      '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

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        #18
        And just to add to the confusion, the housing act does not specify that such a form MUST be used. A county court judge has advised me that he would accept a mere letter giving the tenant the correct amount of notice as fulfilling the requirements. However he did add that he could not guarantee that his colleagues would be of the same opinion!

        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.

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          #19
          Originally posted by P.Pilcher View Post
          And just to add to the confusion, the housing act does not specify that such a form MUST be used. A county court judge has advised me that he would accept a mere letter giving the tenant the correct amount of notice as fulfilling the requirements. However he did add that he could not guarantee that his colleagues would be of the same opinion!
          What the judge probably meant was that he couldn't guarantee his colleagues had the same knowledge!
          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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