Section 21 -specific questions

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  • Section 21 -specific questions

    Hi everybody

    I have a few questions about sec 21

    1.Does it have to be issued on the day of the month the tenancy started?
    2.Does it have to be in a section 21 format?Would a letter issued 2 months before the end of a fixed term tenancy have the same validity?
    3.If a deposit has been protected late but before the issuing of a section 21, does the landlord still get penalised or is the decision subjective?

  • #2
    1) No, but it must give at least two months notice which must end on or after the end of the AST's fixed period (of no less than 6 months).
    If it iis issued after the expiry of the fixed period (i.e. when the AST has become periodic) it must end on a rent day.
    2) A county court judge has advised me that he would accept a letter giving notice provided the notice period was correct, but he couldn't guarantee that his colleagues would do the same. Section 21 notices are available here for free see the agreements section.
    3) The S21 notice must not be issued until AFTER te deposit has been protected and the necessary information supplied to the tenant. Provided this is done then there should not be a problem

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


    • #3
      I gree totally with P.Pilcher but would clarify that a s21 issued after the end of a fixed term must end after the last day of a tenancy period. Each tenancy period ends on the same day of the month as the original AST. This is not always the same day as rent day.

      I have seen various layouts of s21 forms from different sites. I suspect a letter would be acceptable IF it contained all the relevant details - in particular references to the relevant sections of the Housing Act.

      Once the deposit has been protected the landlord does not need to worry about the effects of late protection.

      Comment


      • #4
        Many Thanks
        Does the form 21 have to be done on paper?

        Comment


        • #5
          You will need a copy of the paper document to provide to the judge and proof of date of service.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


          • #6
            Originally posted by Radioman View Post
            Does the form 21 have to be done on paper?
            Originally posted by P.Pilcher View Post
            You will need a copy of the paper document to provide to the judge and proof of date of service.
            Yes. Whether by letter or printed form, the Notices must comply with s.21(1)(b) or s.21(4)(a) as appropriate.
            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


            • #7
              Tenants responsibility while on periodic tenancy

              Thanks Jeff

              Does the tenant have any obligations as to when he can leave while on a periodic tenancy.
              I know as a landlord ,the 2 months notice to leave has to coincide with the date of tenancy if served after the end of fixed term tenancy

              Can the tenant leave any time within the 2 months ?

              Comment


              • #8
                Originally posted by Radioman View Post
                Thanks Jeffrey

                Does the tenant have any obligations as to when he can leave while on a periodic tenancy.
                I know as a landlord ,the 2 months notice to leave has to coincide with the date of tenancy if served after the end of fixed term tenancy

                Can the tenant leave any time within the 2 months ?
                Tenants notice also has to end on the same day of the month as the preceeding AST - the periodic tenancy is for whole months at a time - T can not have 'a bit of a month'.

                Comment


                • #9
                  Many Thanks ,Snorkerz

                  Comment


                  • #10
                    Section 21 before end of AST

                    When section 21 is issued before end of the ASt does the 2 month notice period start on the tenancy dates?

                    Comment


                    • #11
                      Originally posted by Radioman View Post
                      When section 21 is issued before end of the ASt does the 2 month notice period start on the tenancy dates?
                      No, the Notice period under a s.21(1)(b) Notice starts on its date of service and runs for precisely two months:
                      a. irrespective of rent dates; and
                      b. even if the fixed term expires during the two months.
                      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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