s.21 - periodic - notice will fall in february but end date 31st of a month?

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  • s.21 - periodic - notice will fall in february but end date 31st of a month?

    Ok so a tenant was issued a 12 month AST back in 2009 which started on the 1st and presumably would have ended on the 31st of a month (there is no end date). The rent then continued to be due on the 1st of the month. As a result if I served a periodic notice today and expected it to expire in February when is the last date? i.e. is the 29th Febriary sufficient or do I need to wait until March 31st?

    The same question applies if I was to issue a 6 month AST on the 1st of January 2011 and the contract would have explicitly expired on 31st June. would I have to make sure the contract expires on theh 31st of a month or is the last day of the month sufficient?

    Thanks all

  • #2
    In both cases the last day of the month will suffice.

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    • #3
      If the T commenced on the 1st and rent is payable per cal month then the SPT Tenancy period starts on the 1st and ends on the last day of month.
      So far 2011 - 28th Feb, 2012 - 29th Feb (leap year) and 30th with any month containing 30 days and 31st with any month containing 31 days in any year.
      So s21(a) for SPT must be served before start of a T period ie before the 1st in your example and expire after 2 clear T periods ie after last day of rel cal month
      eg serve by 31st July to expire after 3oth Sept.

      Note to self
      Must type faster or be more concise to beat Snorkerz

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      • #4
        Thank u for your replies. Also what if the last day of the month falls on the weekend? Will the judge frown upon this so will I have to wait until the next month to ensure it doesnt fall on the weekend?

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        • #5
          Originally posted by bubble View Post
          Thank u for your replies. Also what if the last day of the month falls on the weekend? Will the judge frown upon this so will I have to wait until the next month to ensure it doesnt fall on the weekend?
          That makes no difference, if it ends on a weekend you will not be able to start any proceedings until the court opens on Monday anyway, stick to the precise dates and don't forget to specify after dd/mm/yyyy.
          I offer no guarantee that anything I say is correct. wysiwyg

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          • #6
            Originally posted by bubble View Post
            Thank u for your replies. Also what if the last day of the month falls on the weekend? Will the judge frown upon this so will I have to wait until the next month to ensure it doesnt fall on the weekend?
            It can expire on a weekend, but if served on a weekend it won't be classed as served until the first business day afterwards.

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