DATE of EXPIRY OF THIS NOTICE - S21(4)a

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  • DATE of EXPIRY OF THIS NOTICE - S21(4)a

    Hello

    Would someone please confirm the correct date that I need to fill in re: DATE of EXPIRY OF THIS NOTICE on form S21(4)a.

    AST Agreement started 14th September 2010
    AST Agreement has end date of 31st August 2011

    I have filled out 30th November 2011 as DATE of EXPIRY OF THIS NOTICE on form S21(4)a. and will post it tomorrow.

    Is this correct? Sorry for the simpleton question but I'm getting confused by reading too much...

    Thanks

    B

  • #2
    I think it should read 30th november with posssession sought after 30th november. because technically you cannot seek possession on that day. I find this whole process quite confusing myself so hopefully someone else will answer...

    The llz article may help!

    http://www.landlordzone.co.uk/section-21-notices.htm
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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    • #3
      The main criteria is that the notice should include two full months of the periodic tenancy, and express it as 'after (date)'.
      I offer no guarantee that anything I say is correct. wysiwyg

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      • #4
        I downloaded the form from this site and the text below is stated on the form.

        9.
        The landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after the expiration of 2 months from the service upon you of this notice


        So the date is ok? I collect rent on the 1st (although its never been paid on time).

        Many thanks

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        • #5
          Originally posted by bobdonut View Post
          .......

          So the date is ok? I collect rent on the 1st (although its never been paid on time).
          ........
          "I collect rent on 1st" is one thing but what does the tenancy agreement say about when rent is due (I would have expected 14th of month, in advance..)
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          • #6
            The disclaimer bit of the LLZ s21 document
            or at the end of the period of your tenancy which will end next after the expiration of 2 months from the service upon you of this notice
            (or rather, phrases like it) have caused s21s to be declared invalid as it gives 2 possible dates for the expiry date.

            IMHO this one is clearer. http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

            Comment


            • #7
              Thanks for the info and link.

              'First payment of (pro rata amount to end of month) to be made on 14th September.

              Tenancy then states; 'Then all further payments of (full monthly rent amount) payable on the 1st day of every month'.

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              • #8
                Originally posted by bobdonut View Post
                Thanks for the info and link.

                'First payment of (pro rata amount to end of month) to be made on 14th September.

                Tenancy then states; 'Then all further payments of (full monthly rent amount) payable on the 1st day of every month'.
                Which means the periods run from 14th to the 13th of each month.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                • #9
                  Originally posted by jta View Post
                  Which means the periods run from 14th to the 13th of each month.
                  NO, because the tenancy agreement ended on 31st Aug, so the SPT started on the first with tenancy periods running from the 1st to the last day of the month.

                  Comment


                  • #10
                    Originally posted by bobdonut View Post

                    Would someone please confirm the correct date that I need to fill in re: DATE of EXPIRY OF THIS NOTICE on form S21(4)a.

                    AST Agreement started 14th September 2010
                    AST Agreement has end date of 31st August 2011

                    I have filled out 30th November 2011 as DATE of EXPIRY OF THIS NOTICE on form S21(4)a. and will post it tomorrow.
                    The periodic tenancy began on 1st September 2011. Assuming rent is payable monthly, the periods of the tenancy are monthly, i.e. 1st - last day of the month. The date that rent falls due is irrelevant; tenancy periods are based on the frequency with which rent is payable.

                    Your notice must give at least two months and also expire at the end of a tenancy period. If you post the s.21(4)(a) notice first class tomorrow, Thursday 22nd September, it will be deemed served two business days later on Monday 26th September. The expiry date of the notice should be "after 30th November 2011". It is essential to use the word "after".

                    I agree with Snorkerz that 'saving clauses' may be inadvisable, particularly when the expiry date is clear as in this case.

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                    • #11
                      Why not use a s21 that doesnt need to enter a expiry date at all but has the CORRECT saving clause. We use them all the time and and the court has no problem with granting possession with them. You just have to make sure you apply for the possession order at the correct time.

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