Serving a Section 21 whenever I like

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    Serving a Section 21 whenever I like

    Hi all, just wondering would I be correct in assuming that I could amend my own tenancy agreements so they state that I can serve a section 21 whenever I would like? Not having to wait till the fixed term has ended? Any help would be appreciated.

    #2
    You don't have to wait until the fixed term has ended to serve a s.21 notice.

    In any case, the rules are statutory so you cannot contract out of them.

    Comment


      #3
      You'll appreciate for post 01/10/2016 tenancies any s21 served in 1st 4 months will be invalid.

      And all the other requirements to be valid (booklet, EPC, GSC served, deposit etc)
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by LordLuke69 View Post
        Hi all, just wondering would I be correct in assuming that I could amend my own tenancy agreements so they state that I can serve a section 21 whenever I would like? Not having to wait till the fixed term has ended? Any help would be appreciated.
        You can't ever serve a s21 notice within the first four months of a tenancy.
        If your tenancy agreement is for a fixed term of 6 months, which is the minimum realistic term, and then rolls monthly, you can then serve a s21 notice whenever you like (bearing in mind that they now expire).
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by jpkeates View Post
          You can't ever serve a s21 notice within the first four months of a tenancy.
          This isn't true.

          Comment


            #6
            Quite right, sorry, applies to new tenancies only, not "replacement" tenancies.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              Quite right, sorry, applies to new tenancies only, not "replacement" tenancies.
              This is not true for new tenancies either.

              Comment


                #8
                Section 21 of the Housing Act 1988 is amended as follows.
                After subsection (4A) insert—
                “(4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—
                (a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and
                (b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.
                Unless you're planning to differentiate between given and served?
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  This confirms my previous posts!

                  Comment

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