Section 21 and dates

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    Section 21 and dates

    Hello

    I have seen the section 21 calculators online and wanted to check whether my tenancy is a monthly one or a weekly one as i think this makes a difference to the dates.

    On my agreement it states the start date of the tenancy and the end date, plus the term which is 6 months. Then in the rent box it says £x per week. So does this make my tenancy a weekly one or a monthly one ?

    The start date is 11.11.13

    end date is 11.5.14

    i am thinking of doing a section 21 as the tenant is not paying the rent.

    The deposit is protected

    #2
    A Section 8 may be quicker - how much rent debt is owed?

    I take it the original tenancy was for a period of 6 months? The 'one day out' could be considered as a 'typo' on the agreement. Who issued it - you or an agent?



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

    Comment


      #3
      I issued it. so should my end date be 10th May 2014 then ?

      Section 8's are a pain i hear. She is HB and so i can get payments redirected to me as she is now 5 weeks in arrears. The problem is she is showing all the classic two fingers up at me signs - not answering calls. Cant arrange a meeting etc.

      Comment


        #4
        OP - if you serve the notice before the fixed term expires under Section 21(1)(b) then the dates you mention are irrelevant. The notice can expire on any date provided that you give the tenant at least two months notice.

        Comment


          #5
          Originally posted by marsaday View Post
          She is HB and so i can get payments redirected to me as she is now 5 weeks in arrears.
          You can, or you can't?

          Use this Sec 21:

          http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

          Post it tomorrow from a Post Office, and get a free certificate of posting. Use the 30th June, or any date thereafter as the expiry date.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            I should be able to get the payments redirected to me, but they have now got in touch and are hoping to repay the money. I am wary though.

            So to recap. I understand if i serve the Sec 21 within the tenancy period i just need to give the full 2 months notice and dont have to worry about the exact dates. So what happens if i serve the notice and it has gone periodic.

            This is an example.

            tenancy start: 21 oct 2013

            tenancy end: 21 april 2014

            6 month term

            Section 21 served on 21st april. Would the date for possession be after 20th july ?

            Is there any good article which i can refer to to help get my head round this section 21 business because i really find the dates very hard to understand.

            "the notice must end on the last day of the rental period" I have just read this info and want to clarify what is the rental period in my example ? The rent is to be paid weekly.

            Comment


              #7
              Originally posted by marsaday View Post

              This is an example.

              tenancy start: 21 oct 2013

              tenancy end: 21 april 2014

              6 month term
              I gave you exact dates to use, forget about complicating things by using an example.
              I take it that you haven't sent a Sec 21 as advised yesterday morning.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                No i havent served it yet.

                Can you clarify what is a rental period for me ? I understand if it is a monthly contract the end date would be on the last day of that monthly payment period BUT what if the contract is a weekly one?

                Mine is a six month contract, but the rent stated is a weekly amount. It states the tenant should pay the first payment of rent on signing the contract. So does this mean rent is collected on the first day of each monthly cycle or weekly one ? This is where i am confused.

                I really want to understand how these dates affect issuing a sec 21 after the tenancy has gone periodic.

                Comment


                  #9
                  If the tenancy agreement says that the rent is payable weekly, then it will be a weekly rental contract after the fixed term has expired.

                  You will need to work out the date the fixed term ended, and on which day of the week that occured.

                  So if the last day of the fixed term was a Tuesday, then you have a weekly tenancy running from Wednesday to Tuesday. So you must now get a calender out and work out when the Section 21 would expire, a minimum of 2 months later ending on a Tuesday.

                  Comment


                    #10
                    Ok thanks Mrs Mug that makes sense and i will write down your example to log in my notes.

                    I am not really sure if i have a weekly agreement or a monthly one though. In the term box it states 6 months, but in the rent box it says £x per week. I tend to deal with HB and they prefer to know the weekly rent you see. So is my agreement a weekly one then ?

                    I think i need to add another box on my front page which states when the rent is due exactly each month or each week.

                    Comment

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