Confusion with dates for Section 21

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  • Confusion with dates for Section 21

    I want to issue a Secion 21 on a periodic tenancy. The start date of the original 6 month ASTA was 03 August 2008. However, shortly after the tenancy started, the tenant wanted to change the date of payment from 3rd to 16th - his employer was moving their pay day. We agreed to wait an extra couple of weeks for the October payment, which the tenant then made up to the full amount owing, ie the original monthly amount of £420, plus the extra 2 weeks = £602. Future payments have since been made on 16th of every month, so effectively, the tenancy period runs from that date. But where does that leave me with issuing the Section 21? It seems most appropriate to me, to go with the 16th, because that's when payment is made, but would that cause a problem if I had to apply to the courts for eviction?

  • #2
    1. The fixed term ended on 2 Feb. 2009.
    2. On 3 Feb. 2009, a statutory periodic tenancy (SPT) began.
    3. It's monthly, because the rent was monthly during the fixed term.
    4. But the rent payment day is otherwise irrelevant for this purpose.
    5. So a Notice served under s.21(4)(a) on any day during the rest of August will run:
    a. for at least two months; then
    b. up to and inc. the next SPT month end (= 2 Nov. 2009).
    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
    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).


    • #3
      Many thanks Jeffrey. It's good to get that clarified.


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