Complex and urgent Section 21 help required!

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    Complex and urgent Section 21 help required!

    Hi all, haven't been about for a while due to being computerless! But could do with assistance now, quick replies much appreciated!

    I did post this question a while ago, but it was when the server went down and it all got deleted and it has now become more urgent.

    In 2000 we acquired a tenant on a AST. Below are some sections of the AST agreement:

    Date: 10/9/00

    Term: A fixed term of 6 months from 11th September 2000

    Rent: £85 per week

    Payable: in advance by equal 4 weekly payments on the first day of each 4 week period
    3 questions from this:

    1) When is the start date of the first rental period of this AST? 10th September 2000 or 11th? I am assuming 11th but just for verification!

    2) Is this tenancy classed as a weekly or four weekly tenancy? I think four weekly, my parents think weekly as the rent amount is set as weekly.

    3) If four weekly, what is the valid notice period I need to give on a Section 21 notice? And which dates? I have worked out that the next rental period expires on the 6th of August(assuming the tenancy is four weekly and began on the 11th of September 2000). MY guess is that I have to serve the S21 no later than tomorrow so that when two full rental periods expire on the 1st of October, I have served at least 2 months notice. Am I correct? And in this case is the "require possession after" date on the notice the 1st of October or the 2nd of October?


    Sorry for not explaining very well, but my head is done in with it! Thanks greatly in advance for any help.

    *EDIT* quick extra question. Do we have to accept rent as mesne profits after serving the notice? Or after the expiration of the notice?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    #2
    1) 11th assuming tenants moved in then and not 10th.

    2) 4 weekly tenancy, as payment period 4 weekly, £x per week merely states the rent amount as per recent COA ruling noted on this website.

    3) You still have to give two months notice regardless of when you serve notice, but the last day of notice must also coincide with the last day of a 4 weekly period.

    In this case 11th September 2000 was a Monday so any notice must be of least 2 months length ending on a Sunday being the last day of a 4 week period. So depending on when you serve notice, you may end up actually giving 11 weeks notice to comply with this!

    Best to stick with calendar month from now on!

    Comment


      #3
      An excellent reply, confirms what I thought....thank you very much for the promptness! I shall serve a notice tomorrow to expire after 1st October

      And yes, the parents have already received a stern telling off from me for making it a 4 weekly tenancy!
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


        #4
        Glad Attila was able to sort this out Mr Shed......

        Guess it shows the merits of getting the rental period and the commencement date of the tenancy to coincide.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


          #5
          Oh dear Mr Shed! All my posts on S.21 fall on stony ground as usual. Any Notice served tomorrow 1 August will not be effective until (after) 29 October 2006 based on your calculation of the rental periods.

          Unless it was served today 31 July, personally on the tenant and put in his own hand, will it be effective after 1 October. Tomorrow is too late. You don't need to specify a date, just two months Notice effective after the last day of a rental period.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            Doh! Thanks for the heads up Paul...I am somewhat rusty on all this stuff after so long away!! Haha
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment


              #7
              You weren't detained at Her Majesty's thingy were you......perish the thought!
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                Originally posted by Paul_f
                <snip>
                Unless it was served today 31 July, personally on the tenant and put in his own hand, will it be effective after 1 October. <snip>
                .......should you have added "before 17.00 hrs" in front of the word "today"?

                These last minute notices do create a degree of excitement to life!

                Guess they are an invite to those in the know (or think they are in the know) to go for the vulnerable parts!
                Vic - wicked landlord
                Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                Comment


                  #9
                  Haha unfortunately not Paul my car and my PC blew up at the same time...needed to prioritise which to repair first!!!
                  Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                  Comment

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