is my section 21 expiry valid?

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    is my section 21 expiry valid?

    hi there,

    I have a section 21 notice written up here and i would like to know if the expiry date is valid?

    the tenant is on a 12 month fixed term tenancy due to end on 05/09/2014. rent paid monthly on the 6th. Tenant has no rent arrears, deposit is protected.

    the reason i want to issue the section 21 is that i have signed another tenant but the current tenant is saying he intends to stay after claiming the refusal from us to allow him to renew is wrong.

    what happens if i issue this section 21 and the expiry is incorrect?

    any feedback is greatly appreciated





    Assured Shorthold Tenancy

    NOTICE SEEKING POSSESSION Housing Act 1988 Section 21 (1)(b)



    The Tenant
    --------


    The Landlord
    ----------

    I hereby give Notice that I require Possession of the Property known as:


    Property
    45 jkfhdkjfhdf
    52 kljhdkfjsdhfsk s4 er


    After (Date of Possession)
    05/09/2014

    Or at the end of that period of your tenancy which will end after the expiry of two months from the giving of this Notice whichever is later


    Signed (Landlord/Behalf of Landlord)



    Date of Notice
    14 July 2014 | 17:52

    Important Notice to Landlords and Tenants

    1. This Notice must be served after the Tenancy has begun but before the expiry of the fixed term


    2. The Date of Possession must be at least two months after the Tenant receives this Notice. If the Tenant does not leave the Property, the Landlord must get an Order for Possession from the Court before the Tenant can lawfully be evicted.The landlord cannot apply for such an order before the Notice Requiring Possession has run out, i.e. Date for Possession


    3. A tenant who does not know if he has any right to remain in possession after the Notice of Requiring Possession runs out should obtain advice from a solicitor

    #2
    Was any end date for fixed term specified in AST?
    Although deposit protected, was PI provided, both within 30 days of deposit receipt?

    If the s21b has not yet been served (received by T) ) must allow 2 clear cal months. An expiry after date is not required for s21b. The saving clause may befuddle Judge & T alike,so you may expect Judge not to grant repo before 6 Oct (day after end of SPT tenancy period) Even then T could await Bailiffs eviction.
    Problems could arise with incoming T if you have agreed a specific move in date. (Costs for Breach of Contract, even if only verbally agreed)
    NEVER agree a move in date until assured of vacant possession, then add a week for inventory checks and essential renovation.

    Comment


      #3
      Originally posted by pjmpire View Post
      but the current tenant is saying he intends to stay after claiming the refusal from us to allow him to renew is wrong.
      On what basis?

      Originally posted by pjmpire View Post

      what happens if i issue this section 21 and the expiry is incorrect?
      You start again, or explain that your saving clause is valid.

      In my opinion, you should state the date in a different format as 18th Sep 2014, not 18/09/2014, but put two clear months(how long is clear depends on your method of service, as you have not done so. You are completely relying on your saving clause which is madness.

      Originally posted by mariner View Post
      . The saving clause may befuddle Judge & T alike,so you may expect Judge not to grant repo before 6 Oct (day after end of SPT tenancy period) .
      Why October?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        A Section 21(1)(b) does not need to expire at the end of a tenancy period so the saving clause is not very sensible.

        You must give at least 2 months notice and you are not doing so.

        Change the expiry date to, for example, 20 Sep 14 and delete the saving clause.

        Comment

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