Another section 21 date please

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  • Another section 21 date please

    Any idea what date to serve on a section 21 notice this afternoon (enough is enough)
    Tenant moved in on the 28th Jan 11 and has an Assured Shorthold tenancy (periodic). Would be ever so grateful. Thanks

  • #2
    What date did the fixed term begin?
    What is the length of term and is an 'end' date specified?
    Is rent payable monthly?

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    • #3
      Oh sorry Westminster, I forgot to put that.
      The rent is paid weekly.
      It's a 6 month AST.
      She moved in and signed the contract on the 28th Jan 11 and I have just let it run on from there.

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      • #4
        Sorry forgot to put Thank you.

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        • #5
          Did the fixed term also commence on 28th Jan? Was an 'end' date to the fixed term specified in the contract or does it just say something like "Six months commencing [date]"?

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          • #6
            For a fixed period of six months,it says on the contract. Thanks

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            • #7
              Exact wording
              The premises shall be let to the tenant from the 28th Jan 11 for a fixed period of 6 months.

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              • #8
                Originally posted by Izzycam View Post
                Exact wording
                The premises shall be let to the tenant from the 28th Jan 11 for a fixed period of 6 months.
                The minor confusion here is that 6 months from 28/1 to 27/7 does not divide equally into weeks (it's 25 & a bit).

                Your fixed term ended on a Wednesday, therefore all weekly tenancy periods end on a Wednesday. You must give a minimum of 2 months, so 2 months today is 23/11 which happens to be a Wednesday, so serve today with an expiry of "after 23rd November 2011"

                Expect confusion over rent - as rent paid on Fri 22 July was for 22/7 to 27/7 (6 days) but I bet they paid a weeks worth.

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                • #9
                  The deadline for serving a s.21(4)(a) notice expiring Wednesday 23rd November is tomorrow, 23rd September.

                  OP must therefore deliver the notice by hand before 4.30pm tomorrow. It's too late to post it.

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                  • #10
                    I'm not so worried about the rent as I don't expect to get the arears back,she'll most probably be scamming someone else.I would just like to get her out(damage limitation I'm afraid).
                    Thanks

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                    • #11
                      Originally posted by Izzycam View Post
                      Exact wording
                      The premises shall be let to the tenant from the 28th Jan 11 for a fixed period of 6 months.
                      It would make things simpler if you grant a fixed term expressed as a number of weeks when rent is payable weekly, i.e. 26 weeks instead of 6 months.

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                      • #12
                        That's just brilliant, I'll go up there about 5 and serve it.
                        Thank you so much.
                        Do you know I've been thinking there must be some kind of business opportunity in this section 21 malarky.
                        Surely someone could set up a website for simplistic AST's (admittedly landlord zone does a very good one,) but also a service where you tap in your start date ....a few particulars and up pops the date to serve notice.I think this paid service, if it came about would be so useful and I'm sure lots of landlords would be willing to cough up.
                        They could put a clause in the wording where the website would not be liable for wrong dates......it seems to me, it's touch and go whether these section 21's are thrown out of court on a technicality anyway.
                        I'm just thinking if we can put a man on the moon, why are we finding it so hard (myself included) to get this date right.
                        Any entrepreneurs out there capable, or am I being too simplistic.

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                        • #13
                          Sorry to sound obtuse but do I put on the notice the wording after the 23rd.... or 24th.

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                          • #14
                            Oh, all of the 'eviction specialists' who advertise on here would do that (for a fee). Often it is all that is needed to effect an eviction.

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                            • #15
                              "after 23rd" bbb

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