how long does a section 21 last before it expires

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  • westminster
    replied
    Originally posted by megotbigears View Post
    Thanks for response.it was sereved correctly. It was served whilst on periodic to both named parties on ast.
    Was it expressed to expire "after" the last day of a period of the tenancy?

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  • westminster
    replied
    Originally posted by mind the gap View Post
    Why have two different kinds of s21 at all, I wonder.
    Section 21 is most mysterious in its ways. It seriously needs to be amended.

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  • westminster
    replied
    Originally posted by megotbigears View Post
    Recently though i have been told her partner has left the property .split up. but I have not re-issued a new tenancy as I am confident the initial one remains valid, even though the partner has left.
    Did the partner/other joint tenant serve written notice to quit? If not, then the joint tenancy remains in place regardless of the partner having moved out.

    Its in my interest not to issue a new ast then!!
    Why would you want to if the T is unreliable?

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  • westminster
    replied
    Originally posted by megotbigears View Post
    A section 21 was issued to a tenant who was on a periodic but behind in rent. She has since paid arrears off in full so I agreed she could stay in property and remain on a periodic.
    A [valid] s.21 notice does not end the tenancy nor oblige the tenant to vacate, nor have any effect on the tenancy at all. It merely entitles you to apply for a possession order after the notice expires.

    You cannot unilaterally end the tenancy other than by obtaining a court order for possession and getting a court bailiff to enforce it. In other words, you do not have the authority to agree or refuse to allow the T to stay on.

    A [valid] s.21 notice remains actionable indefinitely unless you grant a new, replacement tenancy after having served it.

    So, after having served a s.21 notice, it's a bad idea, generally, to say (or write) anything to a T along the lines of what you and your T 'agreed', because you risk undermining the notice served by giving the T a line of defence; it's not a major risk, but the rule is never say more than you have to.

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  • megotbigears
    replied
    Thanks for response.it was sereved correctly. It was served whilst on periodic to both named parties on ast.

    Recently though i have been told her partner has left the property .split up. but I have not re-issued a new tenancy as I am confident the initial one remains valid, even though the partner has left.

    Its in my interest not to issue a new ast then!!

    Leave a comment:


  • mind the gap
    replied
    Originally posted by westminster View Post
    No. A valid notice served during the fixed term remains valid, regardless of the fixed term tenancy being replaced by a periodic tenancy.
    Thanks for the correction.

    Why have two different kinds of s21 at all, I wonder.

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  • westminster
    replied
    Originally posted by mind the gap View Post
    However, if the s21 was served during the fixed term of the AST and the tenancy has since become periodic, you would (I think) have to re-issue it, as you'd need a s21 (4)(a) now, not the s21 (1)(b) which you originally served.
    No. A valid notice served during the fixed term remains valid, regardless of the fixed term tenancy being replaced by a periodic tenancy.

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  • thesaint
    replied
    If your Sec 21 was valid when served, it will remain valid unless another tenancy is granted.

    Do not give the tenant anything in writing in regards to why you are not pursuing with the Sec 21.

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  • mind the gap
    replied
    Assuming it was validly served in the first place (e.g. gave at least two months' notice, was correctly worded and any deposit was protected and the prescribed info give to T), then no, there is no 'use by' date...you can apply for a court order for possession without having to issue a new s21.

    However, if the s21 was served during the fixed term of the AST and the tenancy has since become periodic, you would (I think) have to re-issue it, as you'd need a s21 (4)(a) now, not the s21 (4)(b) which you originally served.

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  • how long does a section 21 last before it expires

    A section 21 was issued to a tenant who was on a periodic but behind in rent. She has since paid arreas off in full so I agreed she could stay in property and remain on a periodic.

    If for instance, sometime in the future the tenant again started to not pay rent, would the existing 21 notice be valid or would I have to issue another 21 notice.

    Thanks in advance

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