Periodic Section 21 - when should it expire?

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  • Periodic Section 21 - when should it expire?

    Hi all

    I need to serve a Section 21 notice. The fixed term expired on 10th April 2010. However, the landlord since served 2 "rent letters" which confirmed that the rent had increased. Both commenced on the 1st of the month but did not detail a new fixed term.

    Therefore, should the notice expire 9th February or 30th January?

    Many thanks

  • #2
    You are not the landlord then and you are not the tenant? Could you be a letting agent then?

    If fixed period expired 10th April then the SPT tenancy period is 11th of the month until 10th of the next month.

    The rent increase letters do not affect the tenancy period which should be the same as on the AST.



    Freedom at the point of zero............

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    • #3
      Thanks, Interlaken.

      The fixed term commenced on 10th April (my error above) so the notice will be served to expire on the 9th.

      And no - definitely not a letting agent.

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      • #4
        Originally posted by doorstop View Post
        .

        And no - definitely not a letting agent.
        Curiouser and curiouser?

        Your OP suggests your are not LL, obviously not T ... now not LA - what other role is there and why are you issuing a Section 21?

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        • #5
          Works for council or housing association?
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          • #6
            Originally posted by doorstop View Post

            The fixed term commenced on 10th April (my error above) so the notice will be served to expire on the 9th.
            If the fixed term expired on the 9th April 2010, and if rent is payable monthly, then the tenancy periods run 10th - 9th of the month, and a s.21(4)(a) notice should expire "after 9th [month] [year]". E.g a notice served tomorrow would expire "after 9th February 2013".

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