Section 21 Date of Expiry

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    Section 21 Date of Expiry

    Hi All,

    I'm just about to serve a section 21 to a troublesome tenant and I'm not sure about the Date of Expiry.

    The tenancy is outside the fixed term.

    Does this require 2 clear months? ie. I want to serve the notice 12th Jan 2010-is the date of expiry 11th March 2010 or 31st March 2010?

    Any help greatly appreciated.

    #2
    Please answer:

    * What date did the AST's fixed term end?
    * What is the rental period, e.g. is rent paid monthly, weekly, etc.?
    * Is any protectable deposit protected?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


      #3
      Hi Tom

      Fix term finished yesterday. (Nothing to do with serving s.21 today)
      Rent is (should be) paid monthly. (Always just inside 2 month so can't serve s.8)
      I've just protected the deposit today!

      Comment


        #4
        Fixed term ended on 10/01/2010. a STP (Statutory Periodic Tenancy) now exists, which runs from the 11th of a month to the 10th of the next month.

        The notice may be served on any day, but must expire on the 10th of a month (the last day of a tenancy period); and, giving a minimum of 2 months notice.

        If a valid s.21(4)(a) notice is served on 12/01/2010, the earliest expiry would be: 'after 10 April 2010'.
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


          #5
          3 months virtually! I'm in danger of losing the other 3 tenants at the moment and 3 months minimum won't impress them.

          Thanks Tom for your help.

          Comment


            #6
            It would have been better to serve an s.21 notice in the fixed term; in which case expiry would not need to end on the last day of the rent period, e.g. if s.21(1)(b) was served on: 09/01/2010, then expiry would be: 'after 08/03/2010'.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


              #7
              Tessa Sandersons book says about S21

              "it must expire on or after the end of your fixed term"

              is this incorrect advice ?

              Comment


                #8
                Originally posted by susanne View Post
                Tessa Sandersons book says about S21

                "it must expire on or after the end of your fixed term"

                is this incorrect advice ?
                No but a mite misleading. The Notice has to expire no earlier than the AST does. Her 'on' could be ambiguous.
                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).

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