Just want to check my Section 21 Notice dates with you experts

[whippy]

Hiya

Just wanted to check some dates

Tenant on ast start date 1st november 2010 fixed 6 months so expires 30 April 2011

If I serve a section 21(b) notice via recorded delivery with monday 7th Feb 2011 as date of service and expiry date of 1 May 2011 is this correct?

I know how important this notice is so want to get it right.

Thanks for your help in advance.

:-)

[Snorkerz]

The most straightforward way to serve a s21 is to send 2 copies by first class post from different post offices - obtaining a free certificate of posting. The courts will accept this as proof of service 2 working days later. Do not use 'Special Delivery' or 'Recorded Delivery' as the tenant can refuse to accept these.

Your expiry date should be "after 30th April" (incluing the word after).

I presume the deposit (if there is one) is protected?
I also presume this is not a licensable HMO?

[whippy]

Hi Snorkerz,

Thanks for your help. I was using Landlord Zone S21 Notice which doesnt give you the space to type After 30th April - If I copy it into Word cant I write "AFTER 30th APRIL 2011 being 1st May 2011"?

I just know this tenant is a tricky young lady and does not want to move.

Her deposit is protected and no not a HMO.

Thanks for your tips on proof of postage I will do that.

Thanks for your advice your a star :-)

[Snorkerz]

Do you know, I have recommended the LLZ s21 to so many people yet you are right about this - I had always assumed it included the word 'after'. It has the appropriate wording for a s21(4)(a), but not for a s21(1)(b)!

If practical to do so, I suggest you use this: http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

I assure you "after 30th April 2011" is right, but if you would feel more comfortable, "after 1st May 2011" is equally valid for a s21(1)(b).

[whippy]

Hiya

Thanks sooo much for your help. I was suprised it didnt have the word after too as I kind of knew this word had to be in there somewhere. The crazy bit is in the guidance notes it says to place the wording :-

"the landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after the expiration of 2 months from the service upon you of this notice"

but there is no where to put that either hahaha

Thanks for the link I will try that

ooo the things I try and do at midnight :-)

Thank you again :-)

[mariner]

Minor point - the date on the form is tech the date you complete the form.
The date of service using First Class mail is 'presumed to be' 2 postal delivery days after posting (ie presumed receipt date) That is why you need the Cert of Posting.

You should allow for this presumed delivery time for 'serving' any time-sensitive Notices.

[whippy]

Hi Mariner

Thanks for your response. Am I right in thinking that if I use the letlink template S21(b) I can just write the expiry date as AFTER 30th April 2011 then just sign and date the form as monday 7th Feb as it does not really matter about the 2 - 3 extra days allowance for service as I am still giving the tenant over 2 months notice? I could have waited until towards the end of feb to serve but wanted to make sure there are no troubles re service.

Thanks for your help in advance

:-)

[westminster]

Am I right in thinking that if I use the letlink template S21(b) I can just write the expiry date as AFTER 30th April 2011 then just sign and date the form as monday 7th Feb as it does not really matter about the 2 - 3 extra days allowance for service as I am still giving the tenant over 2 months notice? I could have waited until towards the end of feb to serve but wanted to make sure there are no troubles re service.

If I serve a section 21(b) notice via recorded delivery with monday 7th Feb 2011 as date of service...

The date you write the notice is irrelevant; it's the date of service which matters. If you post the letter tomorrow, it will not be served tomorrow, but deemed served two working days later.

In this case, you're right, it makes no difference as the last date for [safe] service is the end of February, but it's worth knowing for future reference.

And just to reiterate Snorkerz' comments - do not use recorded delivery. Signed for services may go undelivered if the T is not at home to sign for it, and/or fails to collect it from the sorting office.

The belts and braces approach is to make three identical copies of the notice. Keep one for your records. Send the other two to the T from two different post offices, and obtain a free certificate of posting from each post office. Keep the CoPs safe with the copy notice.

Note that deposit protection is a two step procedure; 1) register deposit with the scheme, and 2) provide T with the prescribed information. Both must be complied with before you can serve a valid s.21.

[whippy]

Hiya Westminster

Thank you soooooo much for our advice and yes the deposit was protected and then the information provided to her in writting with a print out of the schemes account showing the money in it so yes.

Right S21(1)b all complete with the words requiring possession AFTER 30th april 2011 and dated 7th feb 2011 ready for the post offices and their proof of postage - what a relief.

wow thank god only approx 11 weeks until I have my house back (fingers crossed) and pray tht the next tenant is an angel hahaha

Thanks again for all your help

:-)

[westminster]

wow thank god only approx 11 weeks until I have my house back (fingers crossed)

Note that a s.21 is not a notice to quit; it does not end the tenancy nor oblige the T to vacate, it merely entitles you to apply to the court for a possession order after notice expiry.

[Snorkerz]

wow thank god only approx 11 weeks until I have my house back (fingers crossed) and pray tht the next tenant is an angel hahaha

That may be a little optimistic http://tenancyanswers.ucoz.com/index..._contract/0-37

If your tenant isn't an angel - what have they done wrong? Could you evict under section 8? It is quicker, cheaper and (if the tenant owes rent) you can get a court order for that too. http://tenancyanswers.ucoz.com/index..._contract/0-36