Section 21 dates

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    Section 21 dates

    Hi

    Anyone help - Two questions

    1) need to evict tenant under section 21b, unsure about dates. AST Tenancy started 01/05/2011 for six months,and ends 31/10/2011. I have just issued section 21[B]dated After 16/11/2011, (WAS POSTED THROUGH LETTER BOX WITH WITNESS ON 13/09/2011) HAVE I QUOTED THE CORRECT DATES

    2) will issue section 8 next week when the rent is 8 weeks in arrears (AST states paid monthly, Housing benefit paid 4 weekly) CAN I ISSUE THE SECTION 8 WHEN THE RENT IS 8 WEEKS IN ARREARS OR DO I HAVE TO WAIT UNTIL 2 MONTHS.

    PLEASE ADVISE

    #2
    Originally posted by euromiya View Post
    1) need to evict tenant under section 21b, unsure about dates. AST Tenancy started 01/05/2011 for six months,and ends 31/10/2011. I have just issued section 21[B]dated After 16/11/2011, (WAS POSTED THROUGH LETTER BOX WITH WITNESS ON 13/09/2011) HAVE I QUOTED THE CORRECT DATES
    It should be a s.21(1)(b) notice but probably doesn't matter as s.21(1)(b) doesn't say that the notice must refer to that section or subsection. If the expiry date was "after 16th November 2011", then that is fine as it gives T at least two months notice.

    N.B. if T paid a deposit, it must be protected and the prescribed info given to the T before LL can serve a valid s.21 notice.

    2) will issue section 8 next week when the rent is 8 weeks in arrears (AST states paid monthly, Housing benefit paid 4 weekly) CAN I ISSUE THE SECTION 8 WHEN THE RENT IS 8 WEEKS IN ARREARS OR DO I HAVE TO WAIT UNTIL 2 MONTHS.
    If the contract says that rent is payable monthly, then you can serve a s.8 notice citing the mandatory ground 8 when there is at least two months rent owing and unpaid (which is not the same as arrears).

    For example, if rent is payable in advance on 1st of the month, and T doesn't pay on 1st Jan and doesn't pay on 1st Feb, then on 2nd Feb there will be two months owing and unpaid.

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