Another Section 21 date question

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    Another Section 21 date question

    Hi,

    My tenant’s AST expired on 12/10/08. Since then he’s been on Periodic Tenancy and paying monthly.

    I want to issue a Section 21(4)a and am confused which date I should give as the expiry date. I think it’s 13/07/09, provided I issue it before 13/05/09, could someone confirm this?

    Secondly, he paid an initial six months rent up front and now pays monthly since his AST expired. His rent date should be the 12th of the month though it’s usually a week or ten days late. Will his late payment impact the expiry date on the Section 21(4)a???

    Thirdly, what proof do I need to confirm the Section 21(4)a has been issued?? If I hand deliver it, will I need a witness?

    I have sold the property (the tenant is aware of this) and do not want to risk the sale, so want to do this “by the book”.

    Any help would be appreciated.

    #2
    If the rent day during the fixed term was 12th of each month, the fixed term must have expired at the end of 11 October 2008. Every 12th of month after term expiry is a new month's period. The Notice has to give T at least two months' warning, to expire at a rent month period end. A Notice served before 11 May therefore has to expire immediately after 11 July, or on 12 July.

    What do you mean by "I have sold the property"? Do you still own it? If not, you are no longer L and cannot serve any s.21 Notice!
    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).

    Comment


      #3
      Originally posted by timcs View Post
      I have sold the property (the tenant is aware of this) and do not want to risk the sale, so want to do this “by the book”.
      Are you employing a lawyer on the sale? If so get him to serve the notice. If he gets it wrong you gave someone to blame and sue!

      Comment


        #4
        Thanls for the replies,

        The property is sold STC. I am still the legal owner.

        I am using a solicitor for the conveyancing and asked if they would serve notice to my tenant, they said it was not a service they offer. I have tried a couple of solicitors who said that Letting Agents took a lot of that business away. My letting agent did not want to know as I only paid a finders fee and nothing else!

        I am happy to serve notice myself provided it's done correctly.

        So,

        Fixed term ended 11/10/08

        Periodic term started 12/10/08 and becomes his rent day.

        I have downloaded the Section21aNotice.pdf and will enter 12/07/09 as "Date of expiry of this notice". Provided I serve notice on or before 11/05/09.

        Correct??????

        Thanks Again

        Comment


          #5
          Originally posted by timcs View Post
          Fixed term ended 11/10/08

          Periodic term started 12/10/08 and becomes his rent day.
          Is existing rent day not the 12th of each month?
          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).

          Comment


            #6
            Originally posted by jeffrey View Post
            Is existing rent day not the 12th of each month?
            Sorry, you are quite right. The 12th of each month.


            So, "Date of expiry of this notice" is 12/07/09. Provided I serve notice on or before 11/05/09??

            Ta

            Comment


              #7
              Originally posted by timcs View Post
              Sorry, you are quite right. The 12th of each month.
              So, "Date of expiry of this notice" is 12/07/09. Provided I serve notice on or before 11/05/09?
              Yes. That what what I posted, I think, except that expiry is 'after 11 July 2009' or 'on 12 July 2009'. See:
              Originally posted by jeffrey View Post
              If the rent day during the fixed term was 12th of each month, the fixed term must have expired at the end of 11 October 2008. Every 12th of month after term expiry is a new month's period. The Notice has to give T at least two months' warning, to expire at a rent month period end. A Notice served before 11 May therefore has to expire immediately after 11 July, or on 12 July.
              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).

              Comment

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