Section 21 Clarification

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    Section 21 Clarification

    Hi

    Having just had a look at the dates on the tenacy agreement and the Section 21 I am confused as to why it may be incorrect.

    The date on the agreement is the 27th May 2009
    The expiry date of the section 21 is 26th June 2010

    Please would someone be able to confirm if this is correct or not?

    Many thanks!

    #2
    Are you the tenant?
    When was the Sec 21 served?(Before 26th April?)
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by thesaint View Post
      Are you the tenant?
      When was the Sec 21 served?(Before 26th April?)
      No I'm the landlord.

      The tenancy agreement is dated the 27th May 2009 My agent served the section 21 on the 26th April 2010

      The tenant is claiming it was served incorrectly because he doesn't pay his rent until the 1st of the month

      Comment


        #4
        Originally posted by Bluenude View Post
        No I'm the landlord.

        The tenancy agreement is dated the 27th May 2009 My agent served the section 21 on the 26th April 2010

        The tenant is claiming it was served incorrectly because he doesn't pay his rent until the 1st of the month
        How was the notice served?
        When did the tenancy commence?(Not necessarily the date of the tenancy agreement or when the rent is due).
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by Bluenude View Post
          No I'm the landlord.

          The tenancy agreement is dated the 27th May 2009 My agent served the section 21 on the 26th April 2010

          The tenant is claiming it was served incorrectly because he doesn't pay his rent until the 1st of the month
          Rent day is irrelevant.
          During the fixed term: Notice under s.21(1)(b) cannot lead to Possession Order operative during fixed term.
          After the fixed term expires, the rent frequency during it will set the periodicity of the Statutory Periodic Tenancy- but that's all.
          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


            #6
            Your agent appears to have served the notice correctly albeit at the last minute.
            The tenant pays monthly and you have given 2 months notice requiring possession after the 26th of June which is the last day of a period of the tenancy.

            Comment


              #7
              Originally posted by johnjw View Post
              Your agent appears to have served the notice correctly albeit at the last minute.
              The tenant pays monthly and you have given 2 months notice requiring possession after the 26th of June which is the last day of a period of the tenancy.
              Maybe not! Post #1 says The expiry date of the section 21 is 26th June 2010; shouldn't that read 'after 26 June 2010'?
              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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