S21 dates

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    S21 dates

    Having searched the forum extensively I think I am right in doing what follows but would be very grateful for confirmation (sorry if this is a VERY basic question):
    AST for 6 months. Began 9 Aug 06
    To remove the tenants at the end of the fixed term I issue a Section 21 (1) (b) for possesion AFTER 8 FEB 07
    Is this correct?
    Unshackled by the chains of idle vanity, A modest manatee, that's me

    #2
    Yes providing the S21 was served correctly. Having said that, I'm not sure about the right S21 notice, the one I use does not differentiate between an AST and a periodic tenancy.

    Comment


      #3
      Originally posted by MrWoof View Post
      Yes providing the S21 was served correctly. Having said that, I'm not sure about the right S21 notice, the one I use does not differentiate between an AST and a periodic tenancy.
      Well it should!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f View Post
        Well it should!
        Like Mr Woof I use a professionally prepared printed S21 Notice

        The Lawpack one I use covers either a notice served within the fixed term or the subsequent periodic tenancy. It is essential to complete the correct sections and insert the correct dates dependent on whether it is a notice being issued within the fixed term of an AST or if it relates to a periodic tenancy.

        The S21 Notice provided by the NLA is of similar structure.

        Paul are you certain we cannot rely on the legal eagles at Lawpack or the NLA to get things right about a basic S21 notice?
        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.

        Comment


          #5
          Thank you all for your time and help. From my research on this site I thought that a S21 (1) (b)was the one to serve to bring the tenancy to an end at the end of the fixed term. Is this correct - advice gratefully received. Many thanks!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            Originally posted by Paul_f View Post
            Well it should!
            Paul, you have already seen and approved the S21 notice I use! Your only comment was that it included unnecessary information. It is the one supplied by Lawpack and I have used it successfully to terminate both an AST and a periodic tenancy.

            Comment


              #7
              Originally posted by islandgirl View Post
              Thank you all for your time and help. From my research on this site I thought that a S21 (1) (b)was the one to serve to bring the tenancy to an end at the end of the fixed term. Is this correct - advice gratefully received. Many thanks!
              Some providers of law stationery have a single notice that fulfils both subsections of S21. Mr Woof and I have both successfully used the Lawpack 'universal' notice in Court proceedings. Before your question can be answered we need to resolve why Paul's view seems to differ from that of the experts of the law stationers.

              It seems to me the LandlordZONE is not really helpful to a person visiting to ensure a proposed section 21 is correctly served - there are far, far too many threads that would take a lifetime to read.

              What is needed is a simple step by step guide and check list of the various points of a section 21 notice on one thread locked to the top of this forum!!!
              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.

              Comment


                #8
                i'm not aware that there is a standard format for a section 21 notice. I was advised it could be in any format, including a letter as long as the key info was stated, tenants name, tenancy address, that its an AST, landlords name and address, date served, date of expiry and that the notice was served as per section 21 of the housing act. please let me know if i'm wrong as i'll need to revise the notice i've been using!

                Pete

                Comment


                  #9
                  Wouldn't disagree with you PJL but some folks reason that a notice should be clearly in a section 21(a) or section 21(b) format and that the universal form used by Mr Woof and myself is in some way deficient.

                  A form or letter containing the key information required by the act and including the correct minimum applicable notice before the 'possession after' date may well satisfy a Court.

                  The Lawpack form is designed to prevent the notice becoming invalidated if there is a minor error - something that can easily happen with DIY letters and forms from other sources.
                  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.

                  Comment

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