Section 21 (1) b

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    Section 21 (1) b

    Hi,

    Our 12 month AST is ending soon and we require possesion of the property at the end of the agreement. I have downloaded a Section 21 (1) b notice from LandlordZone, thank you.

    Our current AST is from and including the 29th July 2009 and runs to and including the 28th July 2010.


    Can someone please inform if I have filled the notice in correctly:

    Date this NOTICE is SERVED: 24th May 2010

    DATE OF EXPIRY of this NOTICE: 28th July 2010


    Thanks in advance
    Jim

    #2
    The expiry date should be "AFTER 28th July" because you can not seek possession on the 28th - it still being part of the fixed term. Just add the word "After".

    You do realise that this doesn't make the tenants leave on 28th July, don't you? They might, but they don't have to.

    Comment


      #3
      Thanks for your reply Snorkerz,

      Directly under the words "DATE OF EXPIRY of this NOTICE" on the notice that downloaded from LandlordZone it says "This is the last last day of the tenancy period - AFTER which date I seek possesion - see notes below" Is this sentence sufficent to satisfy a court?

      I did know that they our tenant may choose to stay in the house, but I dont know how long it takes to gain possesion once a court has granted us possesion. How long can it take?

      Thanks
      Jim

      Comment


        #4
        Okay, your wording is fine.

        IF they don't go, you can start possession proceedings on 29th July (cost £150). It will take 4/6 weeks to be processed and the tenant will be given a minimum of 14 days to go.

        If they don't go, you will need to organise court bailiffs - around another fortnight and iro £100 more.

        Comment


          #5
          Hi,
          Please could you tell me where on the site you found the Section 21(1)(b) to download, cos the only one I could find didn't have 'This is the last last day of the tenancy period - AFTER which date I seek possesion - see notes below" written on it. Think the version you've found is prossibly a more recent version?

          Thanks for your help

          Comment


            #6
            Thanks for looking over that wording Snorkerz,

            Hopefully we won't need court proceedings to gain possesion but.. If we do, I take it the tenant still has to pay rent?

            Jim

            Comment


              #7
              Originally posted by Harassed LL View Post
              Hi,
              Please could you tell me where on the site you found the Section 21(1)(b) to download, cos the only one I could find didn't have 'This is the last last day of the tenancy period - AFTER which date I seek possesion - see notes below" written on it. Think the version you've found is prossibly a more recent version?

              Thanks for your help
              Hi Harassed,

              The Section 21 (1) b that I have is around 2 years old. I think the newer version doesn't include this sentence.

              By the way, there was a typing error in my last post. The sentence should read "This is the last day of the tenancy period - AFTER which date I seek possesion - see notes below"



              Jim

              Comment


                #8
                I hope that you corrected the spelling to 'possesSion', then.
                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


                  #9
                  Originally posted by jimdunn View Post
                  Thanks for looking over that wording Snorkerz,

                  Hopefully we won't need court proceedings to gain possesion but.. If we do, I take it the tenant still has to pay rent?

                  Jim
                  Oh yes, rent is payable until they move out.

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    I hope that you corrected the spelling to 'possesSion', then.
                    Thanks Jeffery, I've just corected my speling mistakes..

                    Comment


                      #11
                      Hi,

                      Thanks very much for offering to send me a copy of your Section 21, I did try to reply but couldn't send a private message (can't until I've made 15 posts and I've only made 4 so far).

                      All the advice regarding dates and wording on your thread has been really useful. Hopefully I'll be able to complete the section 21, I printed off this site, and will be able to add the extra words as a safety net.

                      Hope all goes smoothly for you

                      Comment

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