Serving s.21 notice during AST's fixed term- effect?

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  • Serving s.21 notice during AST's fixed term- effect?

    Hi all,

    I have a really bad DSS tenant and have been forced to seek a claim for posession through the courts. I had issued a section 21 notice within the fixed assured shorthold tenancy agreement seeking possession on the last day of the tenancy. The tenants solicitors are now telling me that the section 21 is invalid, as you cannot seek possession within the fixed term period, even if its the last day. I have read and been told that judges are very particualr about section 21 notices and scrutinise even the smallest mistake.

    Has anyone had any experience of this before?

    many thanks


    Jim

  • #2
    L can serve s.21 Notice at any time after AST starts (as long as any protectable deposit is protected and prescribed information sent to T).

    However, the Court cannot make a Possession Order awarding L vacant possession during the AST's fixed term. Is that what they meant?
    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
      I know this is an old thread, but what if there was no deposit paid, the tenant was allowed to move in without one?

      Obviously common sense is telling me that then that is fine, but it's not always so cut and dried.

      Comment


      • #4
        Also, so I don't do it wrong. I have a tenant on a six month assured shorthold tenancy who has now been in since the 1st September 2011, he has only paid one month's rent since being there, he tells me he is leaving to go back to Poland, but I want to hedge my bets...

        S21 B Fixed notice to expire on 31st January 2012 - Is this correct?

        ps deposit is protected in DPS

        Comment


        • #5
          It cannot be used until after 31st January 2012. The S21(1)(b) merely needs to give two months notice from the time it was issued, it is not a notice to quit, it allows you to apply to the court for possession.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


          • #6
            Yeah, that's what I thought, just wanted to make sure the date was correct...hopefully he will leave. Meant to be mailing me the keys.

            Thanks for the reply

            Comment

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