s21 online?

[AndyJohnson]

can an s21 possession order be completed online?

[P.Pilcher]

Don't think so - only S8 possessions.

P.P.

[AndyJohnson]

ok, thanks

if rent is owed every 4 weeks, with the following rent dates:
31/05/2010
28/06/2010
26/07/2010
23/08/2010

if i served an s21 this week, would it have to expired on or after the 22nd august?

contract expires on the 8th aug, does this mean i have to serve a fixed 21? or a periodic as it actually expires during a periodic period?

[Snorkerz]

So long as you serve it before 8th August, the notice is a s21(1)(B). Notice on this has to be a minimal of 2 months and does not have to end on a rent day or last day of a tenancy period. Providing you serve before 8 June, you could request possession "After 8th August 2010"

[AndyJohnson]

s21 4 weekly notice

my rents are charged 4 weekly

therefore i need to give two full 4 weekly periods as notice

as we're into another 4 weekly period now (just missed the 31/05/2010 date, then the four weekly peiord i need to consider are shown below in bold

31/05/2010
28/06/2010 (28/06/2010-25/07/2010)
26/07/2010 (26/07/2010-22/08/2010)
23/08/2010

therefore the s21 should expire on or after the 22/08/2010

can someone please confirm this is correct?

this is based on the threads i have been reading on this site

thanks

[Snorkerz]

Where have you got 2 rental periods from? Section 21 specifies 2 months. The missing rent for a s8, ground 8 would be 8 weeks in your case - but you're not doing a s8.

21— (1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and
(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house

You also do not need to expire at the end of a tenancy period with s21(1)(b) - that only applies to s21(4)(a).

[AndyJohnson]

hi snorkez

i actually saw it in an old thread - having looked at it again, it was your advice, please see below, thanks

http://www.landlordzone.co.uk/forums...t=24280&page=9

[Snorkerz]

hi snorkez

i actually saw it in an old thread - having looked at it again, it was your advice, please see below, thanks

http://www.landlordzone.co.uk/forums...t=24280&page=9

I was wrong!

Seriously though, my quote above is from s21, and clearly shows 2 months is due.

I have asked for my earlier post to be deleted.

[AndyJohnson]

ok, it's better u were wrong initially, as that was confusing

so just to confirm, if i serve it tomo (3rd june), it should end on or after the 8the august (last day of tenancy)

one other question, should the s21 be issued by both the landlord and the managing agent that the tenant signed the agreement with?

[Snorkerz]

so just to confirm, if i serve it tomo (3rd june), it should end on or after the 8the august (last day of tenancy)

one other question, should the s21 be issued by both the landlord and the managing agent that the tenant signed the agreement with?

It should end "After 8th August 2010" - the word 'after' is important. The contract is with the landlord, so it should be issued by the landlord. The agent may do this for you, but they will issue it on the landlords behalf.