Date of expiry for s21(1)(b)

[bagel]

I'm using the very helpful s21 template found on Landlord Zone and have a few questions.

1) First, regarding the date of expiry. The tenancy started on September 1st 2012 and lasts 12 months, through to August 31st 2013. Would the date of expiry be August 31st 2013 or September 1st 2013?

2) I assume "Landlord’s Agent (name and address when served by agent)" is left blank if I manage the property myself (i.e. no agent).

3) Would it be acceptable to provide a letter alongside the notice? I want to outline the reason they are receiving it (rent arrears) and highlight that any rent arrears will be pursued where appropriate at the end of the tenancy (e.g. money order through the courts) or before if they fall 2 months in arrears.

Thanks

[MSaxp]

1) Does the agreement specify an end date or just 12 months from september the first?

Expiry of the notice to be "AFTER the 31st of August 2013"

2) since you have no agent...

3) It is generally not adviseable. Stamements you make might invalidate your notice. Best to just send the notice as it is. A section 21 notice is a notice to apply for a no-reason termination. I am sure they are aware of the fact that they should be paying rent and also of the fact you will ask for it if they dont pay by the end of the tenancy.

[thesaint]

Use this template:
http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

The date to be inserted is 31st August 2013

Simply send the Sec 21 with no covering letter. If they contact you to ask why, then respond.

Does your tenancy agreement state that you can use a Sec 8 if they fall into rent arrears during the fixed term?

[bagel]

Thanks for clarifying the end date. The tenancy actually says "12 months from September 1st 2012 to 11am on August 31st 2013".

Here's the actual tenancy agreement used. Also, here's the relevent section from the tenancy agreement...

This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act 1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the property apply to this agreement. This means that you cannot claim any legal rights to stay on once the tenancy has ended and a court order says you must leave. The landlord giving a section-21 notice must give at least two months’ notice, in writing. For more information, you should consult a housing advice centre, solicitor or citizens’ advice bureau who will tell you what this means.

About section 8 - it doesn't specify that from reading it through - should that be a problem? They aren't 2 months behind yet, as they haven't paid this month and underpaid last month. AFAIK section 8 applies 14 days after they are 2 full months in arrears (i.e. if they don't pay on December 1st).

Here's another relevant section...

If you owe rent or any other money you must pay under the agreement, you will have to pay interest on this amount from the date that it should have been paid. The interest rate is 3% above the base rate used by the Royal Bank of Scotland. This rate may apply before, as well as after, a court judgment has been made against you, depending on the terms of the court judgment.

Thanks for your help so far.

[thesaint]

Having a time of the day(11a.m) is not a good idea. This could mean that they are paying a whole year, but not getting it.
It serves no real purpose, apart from you getting in somebody in the same day, and getting double rent for that day. It has more disadvantages than advantages.

Re: Sec 8.
Paragraph "F" takes care of that, so no need to worry.

The part regarding interest is not worth pursuing if they were to get into arrears in my opinion.

As a side note, it's poor for the tenancy agreement to have an option of 4 weekly rents, as this would not allow a landlord to gain possession using a Sec 8 within or outside of the fixed term. Sloppy, very sloppy.

[westminster]

Use this template:
http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

Agreed. The 'new improved' LLZ template is still a bit of a dog's dinner.

[westminster]

As a side note, it's poor for the tenancy agreement to have an option of 4 weekly rents, as this would not allow a landlord to gain possession using a Sec 8 within or outside of the fixed term. Sloppy, very sloppy.

Never use an RLA contract, is my advice.

[bagel]

Never use an RLA contract, is my advice.

Thanks - is there anything specific I need to watch out for besides the above '4 week' option in the tenancy? Also, are there any alternatives you recommend?