Notice period help required

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    Notice period help required

    Hi there, I require some assistance with regard to notice period to be included on a S.21(4)(a) notice.

    The tenancy in this matter was an AST which began on 8th September 2008 and was fixed for 6 months, after which it became a periodic tenancy. The payments were to be made on a fortnightly basis and so I think I am right in saying that it became a fortnightly periodic tenancy.

    I now wish to serve notice on my tenants as they have not paid rent for months.

    Am I right in thinking that I can serve a s.8 notice for non payment of rent if I want to pursue them for that and that I only need to give 2 weeks notice after which I can apply to the Court for a possession order?

    The MAIN question I have is with regards to the notice period for a s.21 notice. I have calulated the fortnightly dates from when the tenancy became periodic (at the end of the 6 month term (7th March 2009)) and so we are currently in a fortnightly period which ends on 23/07/11. With regard to giving the two months notice and it ending on the last day of a period of the tenancy, do I calculate the two months from now and put the last day of the period in which that two months expires (eg 2 months from today is 12/09/11 and the fortnightly period that falls into is 04/09/11-17/09/11 -in which case I would put that the notice expires on 17/09/11) OR do I go to the end of the fortnightly period we are currently in (10/07/11-23/07/11) and calculate the two months from then so that it would expire on 23/09/11?????

    Any help would be very much appreciated.

    #2
    Originally posted by hevans View Post
    The tenancy in this matter was an AST which began on 8th September 2008 and was fixed for 6 months, after which it became a periodic tenancy. The payments were to be made on a fortnightly basis and so I think I am right in saying that it became a fortnightly periodic tenancy.
    On the tenancy agreement, does it state that the rent is payable monthly or fortnightly?

    Comment


      #3
      Rent £192.50 per fortnight

      Comment


        #4
        I also forgot to mention that a defective notice has previously been served upon the tenants and so urgent help is required on this one to ensure that the next notice is not defective.

        Anybody?

        Comment


          #5
          Originally posted by hevans View Post
          Am I right in thinking that I can serve a s.8 notice for non payment of rent if I want to pursue them for that and that I only need to give 2 weeks notice after which I can apply to the Court for a possession order?
          Correct. A s.8 notice citing grounds 8, 10 & 11 must give T 14 days' notice, after which you can apply for a possession order. To fulfill the mandatory ground 8, there must be at least eight weeks' rent owing and unpaid (when rent is payable fortnightly). Full text of the grounds here
          http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

          The MAIN question I have is with regards to the notice period for a s.21 notice. I have calulated the fortnightly dates from when the tenancy became periodic (at the end of the 6 month term (7th March 2009)) and so we are currently in a fortnightly period which ends on 23/07/11. With regard to giving the two months notice and it ending on the last day of a period of the tenancy, do I calculate the two months from now and put the last day of the period in which that two months expires (eg 2 months from today is 12/09/11 and the fortnightly period that falls into is 04/09/11-17/09/11 -in which case I would put that the notice expires on 17/09/11) OR do I go to the end of the fortnightly period we are currently in (10/07/11-23/07/11) and calculate the two months from then so that it would expire on 23/09/11?
          The periodic tenancy began on Sunday 8th March 2009, so the first tenancy period was Sunday 8th March - Saturday 21st March, the second period 22nd March - 4th April, and so on.

          A s.21(4)(a) notice must give at least two months and also expire at the end of a tenancy period. Friday 23rd September 2011 is not the last day of a tenancy period. You use the method I've highlighted in bold, i.e. calculate two months from date of service (if served by hand today, 13th July, that'd be 13th September), then go to the end of the tenancy period which falls after that date. Assuming you've calculated the fortnights correctly, that's Saturday 17th September, so the notice would have to expire "after 17th September 2011" (the word "after" is essential).

          Note that if the T paid a deposit, it must be protected and the prescribed info provided to T before you can serve a valid s.21 notice.

          Why was the previous notice defective?

          Comment


            #6
            Thank you Westminster I was thinking along the right lines then.

            The previous notice was defective in more ways than one! It didnt give two months' notice only one and didnt even take into account the fact that it was a fortnightly periodic tenancy and that end of tenancy periods would be important.

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