What dates in my s.21 Notice?

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    What dates in my s.21 Notice?

    [QUOTE=pad1;220505]Hi Im new to this forum so apologies if this has already been covered. I own a buy to let property and have a tenant in a 6 month contract which started on 3/3/10 ending on 2/9/10. I want the tenant to leave after the six month contract is up as this was agreed with tenant when we started the tenancy.
    However I want to give him a section 21 just to be on the safe side. I will serve him with a section 21.1.b an the one I have downloaded states "date of expirey of this notice" am I right in thinking that I put the 3/9/10 in this section as Im not entirely sure.
    Thanks

    #2
    The s.21(1)(b) notice should state that you require possession 'after' [insert expiry date].

    A s.21 notice cannot expire before the end of the fixed term, so the earliest date you can put, (assuming you serve the notice before 3rd July), is 'after 2nd September 2010' as that is the last day of the fixed term.

    However, you don't have to give exactly two months' notice (just at least two months'), so it would be fine to put 'after 3rd September 2010'.

    Assuming this is an assured shorthold tenancy, in England/Wales, with rent less than £2,083.33 per month, then if the T paid a deposit, the deposit must be protected and the prescribed info given to T before a valid s.21 notice can be served.

    It is also important to keep a copy of the notice sent, and to get proof of posting the notice. You may need this evidence if you subsequently have to apply for a court order for possession. If posting close to the 3rd July deadline, allow a couple of days and don't leave it too late, because the notice is served when it is delivered, not the day it is posted.

    See also
    http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf
    http://www.letlink.co.uk/letting-fac...d-tenancy.html

    Comment


      #3
      Originally posted by westminster View Post
      The s.21(1)(b) notice should state that you require possession 'after' [insert expiry date].

      A s.21 notice cannot expire before the end of the fixed term
      Better
      A s.21(1)(b) Notice:
      a. must give at least a two-month notice period which can expire before the end of the fixed term; but
      b. cannot lead to a Possession Order taking effect before the end of the fixed term.
      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).

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