Serving notice-help with dates

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  • Serving notice-help with dates

    We have decided to serve our tenant with notice as frankly we have had enough of being landlords and just want to sell the property. I asked in a previous posting what grounds I could use and someone kindly gave me the answer that as I want the property back (to sell), I don't need to cite any particular grounds, just serve a section 21.

    We need then to serve a Section 21 but I am anxious to get the dates correct. The tenancy commenced on the 2nd of November 2005, with the rent payable on the 2nd of every month thereafter for the period of six months (the AST). At the end of the six months, the tenancy then became a periodic tenancy. What date should I put as the final date to quit?

    Sorry for being stupid but this area always seems a bit woolly in my head!

  • #2
    1. Fixed term expired on 1 May 2006.
    2. Every successive period of tenancy begins on 2nd day of each month.
    3. So a s.21 Notice served between now and 1 June has to give two clear months AND to end at a tenancy month end- ie Notice would show 1 August as date on (or before) which T has to go. You could then start possession proceedings next day: 2 August.
    Last edited by jeffrey; 07-05-2007, 19:50 PM.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Also after the expiry date put "or the last day of a period of the tenancy next occurring" to cover yourself

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      • #4
        Many thanks for the advice, We are going to serve her with the Section 21 on Tuesday, though she doesn't know it yet.

        Jeffrey, thanks for the date info. It makes sense to me now so will follow the 2 months plus as you advised.

        settloe-99, I will put the statement as you advised though I have to admit I don't fully understand what it means? Can you clarify please? Thank you.

        One more question-We want get rid of the property asap. We want to avoid the HIPS farce but also the sooner the property is marketed, the quicker we can get shot of it. We want to sign with an agent before the end of the month (to avoid HIPS) and one agent has provisionally agreed. I presume the tenant cannot refuse the agent viewings? I realise we cannot sign for 'vacant possession' at the moment but we can sign for everything else surely? Any advice would be most welcome.

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        • #5
          If you advertise "for sale" a tenanted property, the dreaded HIPS stuff will NOT apply.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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