Serving an S21

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Serving an S21

    I need to serve an S21 on my tenant who's lease expires early July. He went away for Easter and has not yet returned.
    Will the S21 come into effect if I send it, with proof of posting, and he is not there? What happens if it gets to less than 2 months before the end of the tenancy and he has not received it?
    Thanks

  • #2
    Presuming your AST allows service by post, the section 21 will be considered served 2 working days after being sent by 1st clas post.

    Comment


    • #3
      It doesn't matter if the T is away on holiday; it does not affect the date of service. Obviously, do not use a signed for postal service; just obtain a free certificate of posting.

      Comment


      • #4
        The AST states that notices can be sent by first class post. It also states notices can be delivered by hand. As I live nearby could I post it through his letterbox if I had a witness with me?
        Thanks again.

        Comment


        • #5
          Originally posted by Thyrsis View Post
          The AST states that notices can be sent by first class post. It also states notices can be delivered by hand. As I live nearby could I post it through his letterbox if I had a witness with me?
          Thanks again.
          By hand would be fine - if you have a witness there can be no doubt it has arrived. There is a witness statement template in the 'documents' section (you may have to re-register).

          Comment


          • #6
            Thanks Snorkerz, that's really useful.
            What do I do with the witness statement? Does the tenant get a copy or do I just keep it in case it's needed?

            Comment


            • #7
              Just keep it, you'll need it when you apply for possession

              Comment


              • #8
                Originally posted by Snorkerz View Post
                Just keep it, you'll need it when you apply for possession
                Which would hopefully only be necessary if the tenant doesn't vacate the property?

                Comment


                • #9
                  Originally posted by Thyrsis View Post
                  Which would hopefully only be necessary if the tenant doesn't vacate the property?
                  A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige the T to vacate. It merely entitles you to apply for possession after notice expiry.

                  If the T vacates at fixed term expiry, it will end the tenancy.

                  If the T is in occupation at fixed term expiry, a statutory periodic tenancy will automatically arise, replacing the fixed term tenancy. (After that point, the T will be obliged to give notice if he wishes to unilaterally end the tenancy).

                  If T neither vacates at fixed term expiry, nor serves notice to quit in a periodic tenancy which may arise thereafter, and you wish to unilaterally end the tenancy, then you will have to apply for possession.

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X