Section 21 (4) (a) Notices

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    Section 21 (4) (a) Notices

    a) Is there any restriction as to when a Section 21 (4) (a) Notice can be served in case of a statutory periodic tenancy e.g. could it be served on the start date of the tenancy?
    b) Can it be served together with a Renewal Memorandum of the original AST with rent increase and changes to some conditions?

    #2
    For new tenancies s21 notices time out, so the practice of serving them with agreements is on the decline.

    What is it with renewal memoranda all of a sudden, did I miss something?
    What's wrong with a proper new Tenancy Agreement to increase the rent and change the conditions?
    Last edited by jpkeates; 06-07-2016, 16:09 PM. Reason: changed AST to TA
    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).

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      #3
      What date did the tenancy begin, and how long was the fixed term?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #4
        The start date was 5 September 2015 12 month FT. So new date will be 5 Sept 2016. My agent is quite good at checking with tenants if they wish to renew 3 months in advance of the tenancy end date.

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          #5
          Checking the Section 21 (4) (a) it doesn't appear to have a time-out like the S21 (1) (b), if I am understanding it correctly. Renewal Memorandum is what a lot of agents seem to serve which is an extension of the original TA can detail changes of rent I believe. I must admit that I am struggling to understand the benefits of a Renewal memorandum vs a new TA or periodic tenancy although my agent seems to think there is the benefit that you can serve the S21 notice.

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            #6
            I suspect it's a bit of agents being "clever".
            A renewal memorandum is a cut down tenancy agreement, but has all the same legal constraints and purposes of a full tenancy agreement.

            Because it will be a follow on tenancy, the s21 time out won't apply.
            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
              The renewal memorandum will confuse a court if a tenant doesn't understand it in my opinion.
              The best thing is to do things properly.

              If you want a new fixed term, then agree a new fixed term.
              If you want possession, serve a Sec 21 or Sec 8.
              If you want to raise the rent with the tenants agreement, then write what the new rent is and the tenant signs to say they agree, and pays the new rent

              Renewal memorandums sound like something made up to attempt to circumvent a rule.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment

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