Expiry of notice

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    Expiry of notice

    6 Monthly tenancy agreement runs until 11am on the 01st November 2010. I served S21 4 a notice expiring 31st March 2011 (served on 21st Jan 2011).

    Is the notice correct or should it have expired on 1st April ?

    #2
    Notices do not have timings! What type of letting is it: AST or SAT?
    For what term did you grant it, and on what date did the term start?
    If it's an AST, did you protect the deposit?
    If it's an HMO, did you obtain a Local Housing Authority licence?
    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).

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      #3
      Hi Jeffrey,

      Tenancy
      Start date 01/11/09
      End 11am 01/05/10

      AST
      No deposit taken
      Not HMO

      Many thanks

      Comment


        #4
        Originally posted by xdellax View Post
        6 Monthly tenancy agreement runs until 11am on the 01st May 2010. I served S21 4 a notice expiring 31st March 2011 (served on 21st Jan 2011).

        Is the notice correct or should it have expired on 1st April ?
        Oddly similar situation described in this thread:
        http://www.landlordzone.co.uk/forums...149#post291149

        Two possibilities:

        1) If the periodic tenancy began at 11am on 1st May 2010, then the s.21(4)(a) should have expired "after 11am 1st April 2011".

        2) If the 11am thing is invalid (for whatever reason) and the whole of 1st May 2010 is included in the fixed term, so that the periodic tenancy began on 2nd May 2010, then the s.21 should have expired "after 1st April 2011".

        Either way, this is definitely a case where a saving clause should be used, e.g.:

        After: [date] or,
        if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy.

        Comment

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