Is s.21 Notice during fixed term valid once it's periodic?

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    Is s.21 Notice during fixed term valid once it's periodic?

    Dear all,, dumb question...

    In the most recent, Sept/Oct, issue of NLA's "UK Landlord" is the following exchange (P13)

    "UKLandlord: If a landlord serves a Section 21 notice at, for example, the start of the tenancy and then lets tenant stay on after the expiry of the lease, is it necessary to serve another Section 21 notice?"

    "Nigel Saunders: Yes, the landlord would have to serve another Section 21 notice as the tenancy has changed from a fixed term to a periodic tenancy".

    Couple points...
    a) I think the question is badly worded and should read "... then lets tenant stay on after the end of the fixed term, is it necessary to.."
    b) And ignoring the "at the start of the tenancy" rather than "after the start after providing prescribed deposit registration info to T"...
    c) Yes I know there are two forms of S21, one when served during Fixed term, one served during periodic, but I had naïvely thought the notice served during fixed term could still be valid..


    Is I wrong again???

    Regards & thanks in advance...

    Artful
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    #2
    Never mind the question, let's look at the answer:

    Yes, the landlord would have to serve another Section 21 notice as the tenancy has changed from a fixed term to a periodic tenancy

    Patently wrong.

    Comment


      #3
      Thanks LC....

      NB That's "Nigel Saunders, NLA Rent Arrears..." in an article headed "Expert advice on regaining possession"...

      http://www.landlords.org.uk/services/nlarentarrears.htm

      'spose they'll be a correction next issue blaming printers...

      ..I now have 4 reasons for regretting joining the NLA...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by theartfullodger View Post
        c) Yes I know there are two forms of S21, one when served during Fixed term, one served during periodic, but I had naïvely thought the notice served during fixed term could still be valid..
        As long as it gives the necessary dates, it is valid.
        Forget about the "two" types of notice.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment

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