Section 21 date question

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    Section 21 date question

    Hi all,

    For the last couple of years I have been renting out my flat. The tenancy is due to expire in March 2007 and I've decided to sell the flat once the tenant has gone. My current AST Agreement is dated 27/02/06 for the tenancy commencing on 20/03/06.

    The agreement was signed & dated by the tenant on 10th March 2006. He also signed a Section 21 dated 27/02/06. The date of expiry of the Section 21 states:

    "from 19th March 2007 at 12:00 noon, or the next date (being at least 2months after the giving of this notice) on which a complete period of you tenancy expires"

    I have had the same tenant for what will be 3 years in March 2007. I'm slightly confused over the dates of the Section 21 though. It was signed prior to the AST agreement being signed, will this affect it's validity ? If it is valid, is it safe to assume that if the tenant hasn't moved out by 20/03/07 then I can file for a possession order ? Or should I simply send another Section 21 two months before the tenancy is due to end to be on the safe side ?

    Thanks in advance,

    Eric.

    #2
    Originally posted by Drifter View Post
    <snip>
    I'm slightly confused over the dates of the Section 21 though. It was signed prior to the AST agreement being signed, will this affect it's validity ?

    YES

    If it is valid, is it safe to assume that if the tenant hasn't moved out by 20/03/07 then I can file for a possession order ?

    THE NOTICE IS PROBABLY INVALID


    Or should I simply send another Section 21 two months before the tenancy is due to end to be on the safe side ?

    YES - better safe than sorry but give there is no need to make this a last minute venture. You can send it out several weeks in advance of the two month deadline to allow for Bank Holidays etc and ensure delivery.

    <snip>

    .
    ............
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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      #3
      Thanks for the response Worldlife.

      Eric.

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