Periodic S21 Notice

[Melina]

I am the landlord of a property and my tenant's fixed term agreement (12 months) is due to expire in one month. The agreement was entered into before the 1st of October this year.

I want to serve a S21 and I am pretty sure I don't NEED to use the new notice format if I don't wish to do so; is that correct?

Also, I can serve the notice (because the tenancy is older than 4 months), as long as I give 2 months notice notwithstanding that this is going to be a periodic tenancy by the time the notice expires. Following this year's law changes, there is no requirement for the notice to end on the end of a tenancy period for periodic tenancies - only 2 months notice is required.

Please correct me if I am wrong, any responses will be greatly appreciated.

[thesaint]

Forget all the new requirements. They are not necessary.
I think that is what you are getting at?

[Melina]

Yes, thank you.

Also, do I have to serve a S21(4)(a) ? That is, Notice Requiring Possession: Periodic Tenancy, notwithstanding the fact that at the time of service it will still be a fixed tenancy due to become a periodic one upon expire of the notice period!

[jpkeates]

Don't specify what type of s21 it is, just refer to it as a notice under section 21.

[thesaint]

Yes, thank you.

Also, do I have to serve a S21(4)(a) ? That is, Notice Requiring Possession: Periodic Tenancy, notwithstanding the fact that at the time of service it will still be a fixed tenancy due to become a periodic one upon expire of the notice period!

If you are serving it now, then it will be a 21(1)(b).

[Melina]

Periodic S21 Notice

Good afternoon
I have a tenant that moved in on the 2nd Jan 2015
Expiry date: 1st Jan 2016
Can i assume that i need to serve a periodic s21 to expire on the 2nd Feb 2015?
As the tenant moved in before the 1st October 2015, we do not use the new s21 do we?
Please confirm this is correct, as i intend to serve notice tomorrow via 1st class post
No deposit was left
Many thanks in advance
Melina

[mariner]

You serve the simple S21 b for fixed term (posted & served in FT). No expiry date req'd as it expires 2cal months after deemed Service (30 Jan 16 if posted 26 Nov 15, allowing 2 working days for delivery)
Ensure you get & keep free Cert of Posting from PO counter, as evidence of date posted.

[Moderator2]

Two related threads have been merged.

[SofiaEvangelou]

Hi

I've just come across this thread - as i have a similar scenario, with a tenancy expiring soon

Just to confirm, as this tenancy was signed before 1st October 2015, an old s21 fixed needs to be sent?

I've read that there are new s21s now - i wonder why they made this change? Are the new s21s simpler?

[theartfullodger]

Hi

I've just come across this thread - as i have a similar scenario, with a tenancy expiring soon

Just to confirm, as this tenancy was signed before 1st October 2015, an old s21 fixed needs to be sent?

You can use the new one: I wouldn't...

....I've read that there are new s21s now - i wonder why they made this change? Are the new s21s simpler?

FK. Until there are a few test cases we won't know...

Clearly all the drafting of laws in the past 10 years has been perfect with no loopholes - aye, right... (two positives making a negative of anyone read this far...)

[SofiaEvangelou]

Aren't we obliged to use the new one?

Or is the new s21 only used for new tenancies?

[jpkeates]

The new one is required for notices for new tenancies signed on or after October 1st (i.e. not SPTs that arise from earlier tenancies).
No one has to use it yet, because you can't serve a valid s21 notice for such a tenancy for four months - which means that February is going to be fun.

You can choose to use it, if you want - but there are concerns about the wording which you might avoid by using a tried and trusted form for now.

[SofiaEvangelou]

Good morning
If the contract starts 15th October 2015
Expires 14th April 2015
Can you serve on the 15th Feb 2016 to expired on the !4th April 2015 via post?
I'm assuming not, as if we do, we need to allow for postage days, meaning the tenant will receive it less than 2 months, meaning the S21 is void

[jpkeates]

If you're sending it by post, you need to allow 2 clear business days as well as the notice period.