S21 Dates

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    S21 Dates

    Just to make sure can somebody check my expiry date for a S21

    E&W
    Monthly
    14k year rent
    No further ASTs been created, T didn;t want one

    Fixed term AST created by an agency with

    Commencement Date : From and Including : 20th September 2004
    Termination Date : To and Including : 20th March 2004

    So 6 months and one day.

    Contract only says the rent should be paid on the first day of the rental period.

    So what should the expiry date be on the S21a?
    And what would happen if I sent two s21, one with each date, would at least one of them be valid in the eyes of the court.

    Many Thanks
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

    #2
    Well if its paid monthly then it should run from the 20th to the 19th each month, not the 20th, cause the 20th is the rent due date.

    So the section 21 should be 2 months from the 19th at the latest on any given month

    eg if served today 25th June it would end the tenancy on 19th September

    Comment


      #3
      I would agree but I think the agency years ago got it wrong.
      And I understood that SPT started the day after the fixed term ended.

      Therefore I wondered whether the T could agrue that his period had been moved to the 21st to the 20th(Therefore expiry date 20th) and not 20th to the 19th(Expiry Date 19th).

      Cheers
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

      Comment


        #4
        First day of the SPT is 21st March 2004. Therefore each tenancy period runs from 21st to the 20th.

        AST expiry date "after 20th September 2010"

        Comment


          #5
          Rental periods and tenancy periods are two different things, though they may coincide. When calculating the date to put in a notice under section 21 (4) it is the tenancy period that is important. In this case the tenancy periods are going to be monthly because the rent was payable monthly at the end of the tenancy. The first tenancy period started on 21st March; it had to because the last day of the fixed term was 20th March. That means that the tenancy periods run from and include the 21st of the month to and including the 20th of the month. Accordingly the correct date for your section 21 notice is the 20th of a month.

          Comment


            #6
            Originally posted by Lawcruncher View Post
            Rental periods and tenancy periods are two different things, though they may coincide. When calculating the date to put in a notice under section 21 (4) it is the tenancy period that is important. In this case the tenancy periods are going to be monthly because the rent was payable monthly at the end of the tenancy. The first tenancy period started on 21st March; it had to because the last day of the fixed term was 20th March. That means that the tenancy periods run from and include the 21st of the month to and including the 20th of the month. Accordingly the correct date for your section 21 notice is the 20th of a month.
            If the rent has been paid monthly then as petty as it might sound they will also be owed one days rent as well then?

            Comment

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