Notice under s.21 of Housing Act 1988

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    #76
    s21 dates

    hi

    i need to serve an s21 to a tenant

    his contract has expired, so i'll be serving the s21(4)a on him

    the rent is due tomo, the 25th

    if i serve the 2 months notice on the monday, the 26th, what would be the earliest day it should expire to give the full 2 months notice?

    thanks in advance

    Comment


      #77
      Is the day the rent is due the same day in the month that the contracted started?

      If that is the case and you deliver the S21 monday the earliest T has to leave 24th July (three months). If you want two months would advise writing it up real quick and go round in person tonight with a witness and hope T is in.

      Comment


        #78
        You have to serve it on or before the rent day, so if you serve it on Monday the the earliest you can have it expire will be after 24th July
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #79
          To answer your question properly, I need the following information:
          1. What date (day/month/year) did the last fixed term contract commence, and did T pay a deposit?
          2. If the answer to the above is after 6th April 2007, and T paid a deposit, is it protected and did you provide T with the prescribed information?
          3. What is the date (day/month/year) of the last day of the fixed term?
          4. Is the rent payable monthly?

          Comment


            #80
            thanks for the repies

            1. commenced on 25th jan 2009, deposit proptected
            2. yes
            3. end date of fiex term is 25th july 2009
            4. rent due every 4 weeks

            Comment


              #81
              Originally posted by Evergreen View Post
              thanks for the repies

              1. commenced on 25th jan 2009, deposit proptected
              2. yes
              3. end date of fiex term is 25th july 2009
              4. rent due every 4 weeks
              There is an anomaly with this...

              The fixed-term would have to be a multiple of the tenancy periods because rent is sold in 'tenancy periods' not fractions thereof - so the 'fixed term' would have had to be a multiple of 4 weeks. The closest to 6 months would be to end 11/7/09. If this is the case, an s21 would have to have to be served by 16 May and have an expiry date of "After 10th July 2010"

              If rent was paid monthly, the fixed term would be 25/1/09 to 24/7/09 (because 25/7/09 includes 7 x 25th's). In that case, an s21 served on 26th would expire "After 24th July 2010". A shame, because on served today would have expired a month earlier.

              Comment


                #82
                hi snorkez

                i understand the last paragraph rgding monthly rents

                can u please explain your first paragraph, a bit more, as i'm confused with where u got ur dates from

                thanks

                Comment


                  #83
                  Originally posted by Snorkerz View Post
                  The fixed-term would have to be a multiple of the tenancy periods because rent is sold in 'tenancy periods' not fractions thereof - so the 'fixed term' would have had to be a multiple of 4 weeks. The closest to 6 months would be to end 11/7/09. If this is the case, an s21 would have to have to be served by 16 May and have an expiry date of "After 10th July 2010"
                  The first tenancy period ran from 25th January to 21st February - a period of 4 weeks.

                  Each subsequent tenancy period started:
                  22/02/09
                  22/03/09
                  19/04/09
                  17/05/09
                  14/06/09
                  12/07/09
                  09/08/09
                  06/09/09
                  04/10/09
                  01/11/09
                  29/11/09
                  27/12/09
                  24/01/10
                  21/02/10
                  21/03/10
                  18/04/10 to 15/05/10
                  16/05/10 to 12/06/10
                  13/06/10 to 10/07/10

                  With a 4 weekly tenancy, a s21 has to be served 8 weeks prior, hence serving one today (25/4/10) would have an expiry of "after 10th July 2010"

                  Comment


                    #84
                    s21 address anomaly? help!!

                    quick question rgding addresses

                    i am in the middle of an s21 eviction

                    the contract and the court possession forms have my home address on them

                    i wrote a letter to the tenant several months ago requesting rent with my office address on it

                    can the tenant use this as a loophole to get out of this eviction? reason i ask is that i had a call from his support worker asking about our address - and i have also read a lot about s48 (altho there has been no change of address thoughout the period of the contract)

                    the fact that his support worker called me has raised alarm bells! i gave her the home address, as both the court forms and contract have that address on it

                    Comment


                      #85
                      as long as you have given the tenant an address in E&W for the rent payment, as you seem to have done, I don't think there's any need to worry.

                      Comment


                        #86
                        s21/s8 hearings?

                        thank you haven rus

                        are there usually hearings for s21 accelerated evictions? if so, what would be the reason for the hearing?

                        am i right in thinking that there are always hearings in s8 evictions?

                        Comment


                          #87
                          Originally posted by Evergreen View Post
                          are there usually hearings for s21 accelerated evictions?
                          No

                          Originally posted by Evergreen View Post
                          if so, what would be the reason for the hearing?
                          1. Tenant puts in defence-particularly on hardship grounds. Judge would want to ascertain if there's any merit in the defence.
                          2. If paperwork not quite right and court requires clarification

                          Originally posted by Evergreen View Post
                          am i right in thinking that there are always hearings in s8 evictions?
                          Definitely. And as claimant, you should attend or get someone to attend on your behalf, else possession will be denied.

                          Comment


                            #88
                            Ten (!) associated threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

                            Comment


                              #89
                              evicting tenant with no contract

                              hi

                              i'm serving an s21 notice to a tenant tomo 19th july

                              the earliest i can apply for possession is the 19th sept right?

                              what form should i fill in? (i dont have the tenants contract anywhere)

                              will a hearing be required as i dont have the contract?

                              Comment


                                #90
                                Originally posted by AndyJohnson View Post
                                hi

                                i'm serving an s21 notice to a tenant tomo 19th july

                                the earliest i can apply for possession is the 19th sept right?

                                what form should i fill in? (i dont have the tenants contract anywhere)

                                will a hearing be required as i dont have the contract?
                                Of course there's a contract! That you've lost the Counterpart Letting Agreement does not detract from that.
                                The form of Notice and dates must depend on the type of Letting Agreement and:
                                a. its commencement date;
                                b. its fixed term; and
                                c. [if s.21(4)(a) applies], its rent-payment frequency.
                                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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