Confirmation of section 21 and 8 dates

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  • Confirmation of section 21 and 8 dates

    Hi,
    6 month AST started 8th of August 2011 can someone please confirm the dates that should be on sec 21 and sec 8 notices and when they should be served?

    I have done the following please tell me if it is correct,

    Section 21,(21(1)(b) was served on 29th November with a date of expiry 7th of Feb 2012

    Section 8 was served today as he is now 2 months in arrears and was dated the 8th of December where the landlord signs should that of been dated 9th of December?

    The grounds are 8,10,and 11.

    Thanks

  • #2
    section 21 is fine so long as it says "after 7th Feb" as you can't claim ON the 7th Feb as that is still within the fixed term.

    Dates aren't such an issue for section 8 - you just can't commence the court process until after Christmas.

    Comment


    • #3
      Originally posted by grafto View Post
      Hi,
      6 month AST started 8th of August 2011 can someone please confirm the dates that should be on sec 21 and sec 8 notices and when they should be served?

      I have done the following please tell me if it is correct,

      Section 21,(21(1)(b) was served on 29th November with a date of expiry 7th of Feb 2012

      It should say after 7th February 2012

      Section 8 was served today as he is now 2 months in arrears and was dated the 8th of December where the landlord signs should that of been dated 9th of December?

      The important date is when it can be considered served, allow 14 days from then

      The grounds are 8,10,and 11.

      Thanks
      Hope that helps
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


      • #4
        Originally posted by Snorkerz View Post
        section 21 is fine so long as it says "after 7th Feb" as you can't claim ON the 7th Feb as that is still within the fixed term.

        Dates aren't such an issue for section 8 - you just can't commence the court process until after Christmas.
        Section 21 actualy says Date of expiry of this notice 7th February 2012
        We require you to vacate the property on or before this date.

        This was done by my letting agent if it is wrong when can i issue him with another?

        Thanks

        Comment


        • #5
          Since you are still in the fixed term you can issue another one immediately, but it must give a full 2 months notice, because it is a S21(1)(b) it is not bound by the expiry date of the tenancy, so if you send it tomorrow on the 9th, allow two days for delivery and service and make the date After 12th February 2012.

          Ps. Send two copies from different post offices and get proof of postage from each, do not use a 'signed for' service.
          Last edited by jta; 09-12-2011, 18:40 PM. Reason: Ps
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


          • #6
            Originally posted by grafto View Post
            Section 21 actualy says Date of expiry of this notice 7th February 2012
            We require you to vacate the property on or before this date.

            This was done by my letting agent if it is wrong when can i issue him with another?

            Thanks
            Sack your letting agent.

            Re-serve a new s21(1)(b) and ensure it gives at least 2 months notice.

            Yours is wrong without the word "after", because you are applying to seek possession during the tenancy. There is no absolute need for this new one to have the word 'after' as it will end after the end of the fixed term, however, the same wording is always required on s21(4)(a) notices so it is best to get into the habit of doing so.

            Fortunately, you asked the question at a time when this 'error' will not delay isues by much.

            Comment


            • #7
              Originally posted by Snorkerz View Post
              Sack your letting agent.

              Re-serve a new s21(1)(b) and ensure it gives at least 2 months notice.

              Yours is wrong without the word "after", because you are applying to seek possession during the tenancy. There is no absolute need for this new one to have the word 'after' as it will end after the end of the fixed term, however, the same wording is always required on s21(4)(a) notices so it is best to get into the habit of doing so.

              Fortunately, you asked the question at a time when this 'error' will not delay isues by much.
              Thanks for your help,will be on phone in the morning to agent.

              Comment


              • #8
                Originally posted by jta View Post
                Since you are still in the fixed term you can issue another one immediately, but it must give a full 2 months notice, because it is a S21(1)(b) it is not bound by the expiry date of the tenancy, so if you send it tomorrow on the 9th, allow two days for delivery and service and make the date After 12th February 2012.


                Ps. Send two copies from different post offices and get proof of postage from each, do not use a 'signed for' service.
                Thanks for that

                Comment


                • #9
                  A new s21 served today will expire 10th Feb.

                  Comment


                  • #10
                    Originally posted by mariner View Post
                    A new s21 served today will expire 10th Feb.
                    I'm allowing time for postal service. Keep up.
                    I offer no guarantee that anything I say is correct. wysiwyg

                    Comment

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