S.21 Notice clarification

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    S.21 Notice clarification

    In my usual day-to-day dealings with the lettings industry I've come across something that landlords still think they have to do when they want to replace a new tenancy agreement after the expiry of the fixed term of the previous one.
    1. The landlord does NOT have to serve a S.21 Notice in order to bring the first tenancy to an end UNLESS THEY REQUIRE POSSESSION.
    2. The creation of a new AST automatically means the previous one is superseded.
    3. Remember a S.21 Notice is a "Notice requiring Possession" so it's title is rather self-explanantory.
    4. You can of course serve a S.21 Notice on the tenant and then withdraw it, but seems a waste of effort if you do.

    Hope this helps one or two of you who might be confused.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    As a point of interest Paul, I have read some case law recently(cannot find the link now, posted it before the forums broke!) where the date specified in the S21 does not have to be a calendar date, it can be along the lines of "the date at the end of the tenancy"....sorry cannot remember the exact wording. Do you have any knowledge of this or come across similar?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.


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