Section 21 - Confused by Dates?

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  • mark2103
    replied
    Many thanks for everyones help, issuing those notices tomorrow and forgeting about until after Christmas!

    Leave a comment:


  • thesaint
    replied
    I wouldn't as you can get all the information you require here on Landlordzone.

    If you get the Sec 8 notice from the agreements section(you have to register) we can give you any help you need to fill it in.
    Use this Sec 21: http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

    Edit:

    Sec 8 rom letlink: http://www.letlink.co.uk/GeneralInfo...n/SECTION8.pdf

    Leave a comment:


  • mark2103
    replied
    One final question..do you think it would be worth me contacting a solicitor to deal with this on my behalf?

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  • thesaint
    replied
    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.

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  • mark2103
    replied
    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..

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  • thesaint
    replied
    Yes, you can serve both notices, and act on one/both/neither of them.

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  • mark2103
    replied
    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.

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  • thesaint
    replied
    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.

    Leave a comment:


  • MSaxp
    replied
    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.

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  • jjlandlord
    replied
    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.

    Leave a comment:


  • mark2103
    replied
    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

    Leave a comment:


  • mariner
    replied
    Give him a chance. OP was only posted 10 hr ago.

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  • jta
    replied
    Strange how our questions get ignored.

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

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  • LesleyAnne
    replied
    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.

    Leave a comment:

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