Sec 21-dates if tenant pays 2 weekly

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    Sec 21-dates if tenant pays 2 weekly

    Hi,

    This is my first post!
    I have a tenant who is now on a SPT. Original 6 mth AST dated 9/10/2006 & so expired on 9/4/2007. I need help with the date for the Notice to expire because although T's AST stated he should pay rent weekly, he in fact pays me rent every 2 weeks and so I am unsure as to the last day of the period of the tenancy. As he pays rent every 2 weeks, the dates I receive the rent vary slightly-usually around the beginning of the mth & then the middle of the month.
    Should I just base it on a monthly paying tenancy & so put 9/9/2010 as the expiry date (ie, 10th of month is the first day of the current period & so 9 July would be the last & so the expiry date would be + 2 mths-which would be 9 Sept 2010?
    Many thanks

    #2
    Eh? A six-month fixed term beginning on 9 Oct. 2006 expired at the end of 8 Apr. 2007.
    Let's assume that:
    a. its rent was reserved monthly in advance [I know, it wasn't!]; and
    b. L did not need to protect T's deposit (as it was paid pre-6 Apr. 2007).
    Next day (9 Apr.), a one-monthly SPT began. The same happens on each subsequent 9th of month.
    So a Notice under s.21(4)(a) served today- 5 Jul.- would run:
    a. for at least two months; and
    b. up to & inc. that SPT month (i.e. to & inc. 8 Sept.)

    However, your rent was weekly. Ignore the fact that T got into the habit of paying fortnightly. You need to find out what day of the week was 9 Apr. 2007. Let's assume that it was a Monday. Every Monday, another SPT week begins. Now, a s.21(4)(a) notice served today- 5 Jul.- runs:
    a. for at least two months; and
    b. up to & inc. that SPT week (i.e. to & inc. the next Sunday following 3 Sept.)

    Do you see why weekly rent is a big nuisance?!
    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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      #3
      Sec 21-dates if tenant pays 2 weekly

      Many thanks for the help.

      Yes, the 9 Apr 2007 was a Monday.

      I understand that every Monday a new SPT begins on a weekly basis, running Monday -Sunday.

      Not sure of the relevance of 3 Sept which is a Friday, or do you mean Sunday 5 Sept?

      The next Sunday following 3 September (which is a Friday) would be Sunday 5 Sept. So should the expiry date be Sunday 5 September?

      Any further guidance I would be very grateful for.

      Comment


        #4
        Yes. I mentioned 3 Sept. only because that's the day before the two-months point; so the first Sunday thereafter is the final day of that SPT week.
        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


          #5
          Sec 21 Notice-weekly rent due-dates?

          Ok thank you so much for the help.

          Would there not be a problem though, if I issued the Section 21 Notice today (the 6th of July), giving 5 September as the "expiry after" date, as this would not give at least 2 months notice (plus the final day of the SPT week)?

          Comment


            #6
            Originally posted by Sparkey1 View Post
            Would there not be a problem though, if I issued the Section 21 Notice today (the 6th of July), giving 5 September as the "expiry after" date, as this would not give at least 2 months notice (plus the final day of the SPT week)?
            Yes, T would argue that your Notice was not quite long enough. Add one week extra to avoid that.
            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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