Sec 21-dates if tenant pays 2 weekly

[Sparkey1]

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

[jeffrey]

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?!

[Sparkey1]

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.

[jeffrey]

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.

[Sparkey1]

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)?

[jeffrey]

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.