Section 21 - Confused by Dates?

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    Section 21 - Confused by Dates?

    Hi,

    I'm a bit worried by what I have read on the Internet regarding incorrect dates on Section 21 notices. Does anyone know whether what I have donE below is correct?

    Our tenant is currently on a periodic tenancy and hasnt paid rent since 4 October 2012. The rent is due on the 4th monthly and as we didnt recieve this in November, and the tenant did not answer any of our calls, we hand delivered a section 21 on 30 November 2012(with a witness). The end date on the notice is 3 February 2013 which gives at least two months notice and ends on the day before the rent is due. The rent has also not been paid in December and will have still not made contact with the tenant (although it is clear they are still living there). The tennant is in receipt of Housing Benefit, although I do not have this paid directly to me. I have contacted housing, completed a non paying tenant form and they are investigating.

    Any advice, confirmation of correct procedure would be greatly appreciated, and put my mind at rest (at least until after Christmas!)

    Thanks Mark

    #2
    When you originally let the place to the tenant, did that tenancy begin on the 4th of a month? How is it specified the rent should be paid? (monthly? every 28 days? weekly?)
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Also, was there a deposit and is it protected? Failure to protect and serve tenant with prescribed information will invalidate an S21 regardless of the dates used.

      Comment


        #4
        Do you have a witness to the delivery? Is the end date specified as "on 3rd February 2013" or "after 3rd February 2013"?

        Comment


          #5
          Strange how our questions get ignored.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            Give him a chance. OP was only posted 10 hr ago.

            Comment


              #7
              Apologies for the delay, as you can see I'm new to this and didnt expect so many prompt replies, so thanks everyone for that.

              To answer your questions:

              *When we originally let the property, the tenancy began on 1 February 2012.

              *Rent to be paid on 4th monthly

              *Deposit of one months rent was taken and is in the deposit protection scheme, and tenant was given all associated documentation

              *Day is specified as 'after 3 February 2013'

              So, I'm not sure whether what I have done is correct, or whether the end date should be 'after 31 January 2013'?

              If the end date should be after 31 January 2013, can I re-issue another Section 21 now, or would I have to wait until the current one expires?

              Kind regards

              Comment


                #8
                It seems likely that date specified is wrong and that it should indeed have been "after 31 Jan".
                To be sure, could you tell us how was the fixed term tenancy's duration specified? (I'm assuming that the tenancy that started on 1/02/2012 was a fixed term tenancy)

                You may serve another s.21 notice at any time.

                Comment


                  #9
                  What matters is when the fixed term ended. Was an end date specified, or just a duration? (12 months?)

                  You may serve a new section 21 at any time, but obviously not for the 31st of January anymore. Make sure you get the dates right first.
                  All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                  Comment


                    #10
                    The earliest you can apply to court is the 1st March 2013(expiry of Sec 21 is 28th Feb 2013).

                    Serve a Sec 8 notice citing grounds 8, 10 & 11.
                    This only needs 14 days notice, so you could apply for possession in early Jan.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Thanks, I was starting to think the date was incorrect!

                      I will have to check tonight, but I'm pretty sure the fixed term did not specify an end date and was just for 6 months.

                      Can I serve a section 8 and a section 21? Reason being....Just for peace of mind, in case I have any issues with the section 8.

                      Comment


                        #12
                        Yes, you can serve both notices, and act on one/both/neither of them.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Excellent, I will serve both a section 8 and 21 tomorrow. I will give 21 days for the section 8 notice, so it cannot be said I did not give enough time with Christmas etc..

                          Comment


                            #14
                            Originally posted by mark2103 View Post
                            Excellent, I will serve both a section 8 and 21 tomorrow. I will give 21 days for the section 8 notice, so it cannot be said I did not give enough time with Christmas etc..
                            You don't have to take into account holidays etc.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              One final question..do you think it would be worth me contacting a solicitor to deal with this on my behalf?

                              Comment

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