Dates on a S21 ?

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    Dates on a S21 ?

    Hi all,

    I am about to reluctantly issue my first S21 notice, and I know that the dates can be critical , especially if you have to proceed to court etc, any advice would be very much appreciated.
    The 6 month AST was dated 27/06/06 and I know I need to give 2 months notice, therefore my instinct is to date it now, and give date of expiry as 27/12/06.

    However in the AST their is a clause stating I must 'give two calender months prior notice in writing to determine this agreement, such notice not to be given at any time before the expiry of the 4th month of the agreement period.'
    This is obviously an inclusion that guarantees the tenant their full 6 months.

    However what should the date served be and what should the expiry date be ? Am I right in saying 27/10/06 for the former and 27/12/06 for the latter ?

    I would appreciate any feedback from all those more knowledgable than me.

    #2
    You can serve it any time during the fixed term, but it must be at least 2 months notice, and not expire before the fixed term.

    So, basically, you can serve it now, but you need to word it to expire after 26/12/06 (6 months ending the day before the 27th).

    Comment


      #3
      Richie .. am I not correct is saying that the date that the notice is deemed to have been served is all important here too ??

      i.e. even if the notice was dated on or before 26th, if it wasn't delivered (served) on the tenant until 28th or 29th then it is less than the required 2 months notice?
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #4
        Correct. That's why I said it must be at least 2 months notice

        Comment


          #5
          I just wanted to ensure the OP picked up on that point correctly
          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

          Comment


            #6
            Originally posted by slyfox View Post
            Hi all,

            I am about to reluctantly issue my first S21 notice, and I know that the dates can be critical , especially if you have to proceed to court etc, any advice would be very much appreciated.
            The 6 month AST was dated 27/06/06 and I know I need to give 2 months notice, therefore my instinct is to date it now, and give date of expiry as 27/12/06.

            However in the AST their is a clause stating I must 'give two calender months prior notice in writing to determine this agreement, such notice not to be given at any time before the expiry of the 4th month of the agreement period.'
            This is obviously an inclusion that guarantees the tenant their full 6 months.

            However what should the date served be and what should the expiry date be ? Am I right in saying 27/10/06 for the former and 27/12/06 for the latter ?

            I would appreciate any feedback from all those more knowledgable than me.
            If term begins on 27 June, it expires at the end of 26 December. Section 21 can therefore show 26 December as the expiry date - but then state
            "Such application will be made on 27 December 2006 unless you have by that date quit the premises".
            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


              #7
              Thank you Jeffrey that was exactly what I needed.

              Comment


                #8
                Originally posted by slyfox View Post
                The 6 month AST was dated 27/06/06 and I know I need to give 2 months notice, therefore my instinct is to date it now, and give date of expiry as 27/12/06.

                However in the AST their is a clause stating I must 'give two calender months prior notice in writing to determine this agreement, such notice not to be given at any time before the expiry of the 4th month of the agreement period.'
                The effect of that clause is to prevent you from serving two months' notice to expire on 26 December! This is because such notice would need to be served on or before 26 October, which the clause does not allow.

                The earliest expiry date you can specify in your notice is 26 January. Sorry!

                By the way, when you say the AST was "dated 27 June", I assume you mean that the fixed term began on 27 June and the rent was payable on 27th of each month.
                Last edited by lawstudent; 26-10-2006, 07:27 AM.
                Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                Comment


                  #9
                  F[irstly, LS, where did the OP say the tenancy started on 27th January .. I'm looking at it as I type and to me it reads 27th June ..... But I assume that whatever the date you question is still valid.

                  However, I'm confused now.. does this clause in the OP's ASTmean that it overides statutory legislation? if he gave notice on 26th October, with the rent due on 27th, then when does the statutory 2 months start from? the way I read this, hhoever wrote this clause into the agreement wasn't being fair on LL's ... as effectively it's forced them into a 3 month notice period.

                  so the question is "If the posters AST started on 27th June with rent due on 27th each month thereafter, and a fixed period of 6 months, when should he give notice and when will that notice expire.

                  Please explain cos I'm having trouble with this one and it's not even an official blonde day .....
                  Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                  Comment


                    #10
                    Originally posted by pippay View Post
                    F[irstly, LS, where did the OP say the tenancy started on 27th January .. However, I'm confused now.. does this clause in the OP's ASTmean that it overides statutory legislation? if he gave notice on 26th October, with the rent due on 27th, then when does the statutory 2 months start from? the way I read this, hhoever wrote this clause into the agreement wasn't being fair on LL's ... as effectively it's forced them into a 3 month notice period. Please explain cos I'm having trouble with this one and it's not even an official blonde day .....
                    Sorry, pippay, of course it was June, not January. I've corrected that. No, ASTs do not override statutory legislation, but the Act only says that "at least" two months notice is required. There is nothing to prevent LLs and tenants agreeing to a longer contractual notice period.
                    In the case in question I suspect that whoever drafted the clause was not intending it to have the effect it has, which is, as you say, effectively to force the LL into a three month notice requirement.
                    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                    Comment

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