N5B Completion

[palmers80]

Hi All
I am a new landlord and have just gone through the courts to evict my tenant which has been rejected as the date on the section 21 notice was incorrect. Can i appeal this? The tenancy started on the 13th June for 6 months, and i issued her the section 21 notice during the 6 months on the 20th october which expired on the 3rd January - i understand i should have put the last date of the tenancy now?
Would it be better for me to start again and issue her a new one with the expiry on the 12th and would that mean the 12th april or June?

[Snorkerz]

#Palmer 80

You say it was rejected as the date was wrong. From what you have said, the date is fine, so can you tel us the exact wording of the rejection?

A new s21 served now would expire "after 12th June 2012" providing it was served before 12th April.
Deposit (if any) must be protected* before service and the deposit schemes 'prescribed information' must be provided* before service of the s21 for it to be valid.

*This must be done befor 5/5/12 anyway.

[palmers80]

Her tenancy ended on the 13th december but on the s21, the date was put of expiry as the 3rd January which would be incorrect. Her tenancy is now a periodic tenancy and it runs from the 13th of one month to the 12th of the following month? So i would need to put expiry as the 12th of june providing i issue this to her tomorrow?

I will check the exact wording and come back to you.

Thanks so much for your help so far

[westminster]

Hi All
I am a new landlord and have just gone through the courts to evict my tenant which has been rejected as the date on the section 21 notice was incorrect. Can i appeal this?

Yes, you can. There was a thread recently where a LL was told the expiry date was incorrect. It wasn't. I think it was a similar situation to you, where the notice expired after the fixed term. She wrote to the court explaining that they'd got it wrong, and why, and got her possession order.

The tenancy started on the 13th June for 6 months, and i issued her the section 21 notice during the 6 months on the 20th october which expired on the 3rd January - i understand i should have put the last date of the tenancy now?

So, the fixed term ended on 12th December 2011.

Your notice was served during the fixed term. The only requirement of s.21(1)(b) is that the notice is not less than two months, and doesn't expire before the end of the fixed term. Unlike a s.21(4)(a) notice served during a periodic tenancy, it doesn't have to expire at the end of a tenancy period. So your notice fulfilled the requirements of s.21(1)(b) - it gave over two months, and it expired after 12th December (it didn't have to expire on the last day of the fixed term - and that would've been less than two months, anyway).

Quote the following in your letter to the court, from section 21 Housing Act 1988.

21 Recovery of possession on expiry or termination of assured shorthold tenancy.

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.

[palmers80]

it says on the court orde
The section 21 notice does not expire on the last day of a tenancy

[westminster]

I will check the exact wording and come back to you.

My advice may change if you tell us the court rejected it for a different reason.

[westminster]

it says on the court orde
The section 21 notice does not expire on the last day of a tenancy

Then see my post #4. The court has got it wrong, so write to them explaining that a notice served during the fixed term doesn't have to expire at the end of a tenancy period.

[Snorkerz]

I agree with Westminster, section 21(1)(b) does not require the notice to expire on the last day of a tenancy (period).

[palmers80]

thanks once again, you have all been a great help. I have now put a letter together to appeal. Just another quick question, should i put in the letter that the section 21 notice was served during the tenancy or literally just say i write to appeal and quote what is put above?

Thank you

[westminster]

You should state that the s.21 notice was served during the fixed term tenancy, that a notice served during a fixed term tenancy does not have to expire at the end of a tenancy period (in a replacement statutory periodic tenancy which may arise following fixed term expiry). Then refer to the relevant section and quote it.

[palmers80]

thank you. I will keep you updated with the progress.

Thanks once again.

[palmers80]

Section 21 a Form

Hi All
Just a quick question.... When serving a section 21a, i know it has to expire on the last day of the tenancy but where i put the date for the date the notice is served, does this need to be a spectific date (.i.e last day of tenancy also?) or can this be any date that i can serve it upon the tenant providing i give her 2 months notice.

Thank you

[thesaint]

It does not have to expire on the last day of the tenancy.

Is the fixed term still running? If so, give us some basic details of the tenancy.

[palmers80]

Hi
I had issued my tenant with a section 21b notice during her tenancy to expire on the 3rd January 2012 (her tenancy was up on the 12th december). I had to take her to court and it was rejected as the last date on the section 21b notice was not the last day of the tenancy. I appealed this but it has been rejected so i need to start again and am really cautious to make sure i get the right dates....

Thank you for your time.

Tenancy start 13/06/2011 for 6 months and now periodic

[thesaint]

If you don't mind, let's start with the original sec 21, as it is possible that the judge got it wrong. Twice.

What date did the tenancy start, and how long was the fixed term?

What date did you serve the Sec 21?