Section 21

[mr_nice]

Hi,

AST started on Oct 2010 for 6 months. I did not renew the contract and it continued rolling. I have only been paid 4 months rent to date and no depost was taken. The tenant is disputing the contents of the contract but not the date in which they moved in and the lenght of the contract (6 months).

Can you please advise me of the following:

- Should i issue a section 21b or 21a?
- When should i state the 2 months notice starts?
- The contract has a couples name on in (Mr and Mrs). Should i issue two separate notices or one with both individuals’ names?
- When should i post the letter? can it be done a week in advance?
- Should i post use normal 1st call post, recorded delivery or hand?
- There are loads of s21 notice template on the net but can someone send/upload one they have used in court?

It’s unfortunate we live in a world were people cannot be grown up and civilised about issues like this. Any advice would be much appreciated.

Thank you
mr_nice

[Poppy35]

Hi,

AST started on Oct 2010 for 6 months. I did not renew the contract and it continued rolling. I have only been paid 4 months rent to date and no depost was taken. The tenant is disputing the contents of the contract but not the date in which they moved in and the lenght of the contract (6 months).

Can you please advise me of the following:

- Should i issue a section 21b or 21a? S 21(1)(a)
- When should i state the 2 months notice starts? I am sure you must mean the AST commenced in Oct 2009? assuming this is correct the the notice must expire at the end of a rental period - for example AST runs from 1st of the month so you can serve notice now which will be effective from 1st September and to expire after 31st October 2010- The contract has a couples name on in (Mr and Mrs). Should i issue two separate notices or one with both individuals’ names? one notice is sufficient
- When should i post the letter? can it be done a week in advance? this is advisable, some recommend send it twice and hand deliver and get proof of posting from post office
- Should i post use normal 1st call post, recorded delivery or hand?
- There are loads of s21 notice template on the net but can someone send/upload one they have used in court? they are free on here if you go to the agreements section

It’s unfortunate we live in a world were people cannot be grown up and civilised about issues like this. Any advice would be much appreciated.

Thank you
mr_nice

hope this helps but please note that unless you have protected the deposit you cannot serve a S21 notice - this is assuming that the deposit needs protecting of course.

You may also wish to google gaining possession under grounds 8, 10 and 11 - there is a sticky thread at the top of this section.

[Snorkerz]

As Poppy says, look at s8 which should get you possession more quickly and get you a court order for the missing rent.

However, your questions

It is a section 21(4)(a) presuming the tenancy ran from October 2009
You date it on the day you write it
The notice starts on the date of service (but see below)
You issue one notice, with both names
Send it ASAP - if you send 2 copies by first class post from separate post offices it will be accepted as 'served' 2 business days later - do not use a 'signature' service, but make sure you get FREE certificates of posting.
The s21 on this site is multi-purpose, and free.

The expiry date will be the same day of the month as the AST ended, allowing a MINIMUM of 2 months notice. Express the expiry date in the format "After 00 Jan 2000".

I understand your comments about being 'grown up' but please remember that your tenant is not doing anything they don't have a right to do.

[mr_nice]

Hi Guys,

Thanks for the prompt reply.

I have had a look at the PDF on this site. Has anyone successfully used this template in court?

Can i please clarify the below:

which you hold as tenants on the (Date):

which date goes in here? the date they moved in? i have not seen this on other examples.


Or at the end of the period of your tenancy which will end next after the expiration of two months from the date of service of this notice

Thanks.
mr_nice

[mr_nice]

Is the below fit for purpose? my contract started on 10.10.09 and this is when rent was paid.

------------------------------------------------------------------------
HOUSING ACT 1988 SECTION 21(4)(a)
as amended by the Housing Act 1996
Assured Shorthold Tenancy
Notice Requiring Possession: Periodic Tenancy

To:

Mr Paul Apple
Mrs Denise Apple
1 Apple Close,
Apple Area
Apple
AP10 5BA

From:

Mr Nice
1 Nice ROad,
Nice Area
Nice
NC11 4GH

I HEREBY GIVE YOU NOTICE THAT I REQUIRE POSSESSION OF THE PROPERTY KNOWN AS

1 Apple Close,
Apple Area
Apple
AP10 5BA

after 09/10/10 (Date of expiry)

or, if later, the day on which a complete period of your tenancy expires next after the end of two months from the service of this notice.

Name (Landlord): Mr Nice
Signed: Mr Nice
Date of Notice: 04/08/2010
------------------------------------------------------------------------