No expiry date specified on Notice under s.21(4)(a)?

[sandmonster]

My legal adviser just issued an S21 4a today. There is no explicit expiry date written. He says its safer not to put a date and you can rely on the saving clause. Any comments on this below ? There's a square in brackets and an "or" in the phrase.. u know how techical judges can be ! The advisor says its OK.


(4) Date of
expiry (Note
3 overleaf)

after ()


or the day on which a complete period of your tenancy expires next after the end of two months from the service of this notice.

[Lawcruncher]

There is apparently authority that the practice adopted by your legal adviser is acceptable.

[sjp20]

s21 (4a)

I just printed one of these forms off from LLzone, so are you saying that we don't have to put the date of expiry in that box? Can we leave it blank.

I wanted to issue all my tenants with these forms at the end of their AST when they naturally become P'AST's so that if there are any problems in the future these are issued. But I was worried that the tenants might feel insecure if I issue this to them with a date on it, and may decide not to stay.

[chappers2341]

You can specify the time by date or by clause as has been done by sandmonsters' lawyer,Specifying by clause takes out the risk of getting the dates wrong.
However if there is no clause on the form you are using then you must use the dates.
Sandmonster your advisor is spot on.
The only problem may be that your tenants whilst intending to leave may not understand the clause or may interpret the date differently to you and still be there on the date you expect them to be gone.

[Lawcruncher]

I just printed one of these forms off from LLzone, so are you saying that we don't have to put the date of expiry in that box? Can we leave it blank.

There has to be either:

(a) a specific date

(b) a formula that allows a date to be worked out.

Unwise (and pointless) to do both as that requires the formula to produce the same date as specified (which of course needs to be correct).