section 21 dates - please help

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    #1

    section 21 dates - please help

    Hi everyone

    I'm new to this letting business. I just wanted to check the dates before I issued a section 21. Getting really confused with the dates.

    The AST was fixed for six months 19/11/10 to 18/5/11 payable monthly on the 19th. I wish to issue a section 21 today (18/5/11). Do I issue section 21 1b (fixed term tenancy) or section 21 4a (periodic tenancy)?

    What date do I put for regarding possession? Is it 18/7/11 or is it 17/7/11?

    What dates do I put in, if I issue a section 21 tomorrow (19/5/11)? Would it be 18/7/11 or 18/8/11?

    and yes the deposit is protected by DPS!

    Thanks
    Tags: date, order, possession, section 21
    #2
    Originally posted by mustardseed6 View Post
    I wish to issue a section 21 today (18/5/11). Do I issue section 21 1b (fixed term tenancy) or section 21 4a (periodic tenancy)?
    How are you going to serve notice? I.e., do you intend to hand deliver the notice with a witness present, or do you intend to post it?

    Have you given your tenant the prescribed information about their deposit?

    Comment

      #3
      The tenant has been given the prescribed details of the deposit scheme.

      I was intending to hand deliver it because we live quite near. Do I require a witness if I hand deliver it? Do I have to post it?

      Comment

        #4
        Originally posted by mustardseed6 View Post
        Hi everyone

        I'm new to this letting business. I just wanted to check the dates before I issued a section 21. Getting really confused with the dates.

        The AST was fixed for six months 19/11/10 to 18/5/11 payable monthly on the 19th. I wish to issue a section 21 today (18/5/11). Do I issue section 21 1b (fixed term tenancy) or section 21 4a (periodic tenancy)?

        What date do I put for regarding possession? Is it 18/7/11 or is it 17/7/11?

        What dates do I put in, if I issue a section 21 tomorrow (19/5/11)? Would it be 18/7/11 or 18/8/11?

        and yes the deposit is protected by DPS!

        Thanks
        Notice during fixed term: s.21(1)(b). Its Notice period is two months.

        Notice after fixed term expiry: s.21(4)(a). Its Notice period is:
        a. two months; plus
        b. up to & inc. a month-end of the Statutory Periodic Tenancy.

        So a Notice tomorrow- 19 May- would be under s.21(4)(a) and run up to & inc. 18 August.
        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).

        Comment

          #5
          Originally posted by mustardseed6 View Post
          Do I require a witness if I hand deliver it? Do I have to post it?
          The following advice is taken from the link below.

          You will need to obtain proof of service of your section 21 notice. You can take a witness and obtain a statement from them, but the most straightforward way 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.
          http://tenancyanswers.ucoz.com/index..._contract/0-37

          Comment

            #6
            Thanks for all that. You seem to have answered my questions.

            Comment

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