Section 21 when AST start date and rent date are different

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  • Section 21 when AST start date and rent date are different

    Hi
    My tenant's AST date is in the middle of the month - and rent was due on the 17th of the month. After the first month she asked to change it to the 1st of the month as she gets paid monthly - so we agreed this in writing - but she signed and returned a letter to me stating that the original terms/dates of the tenancy still stood - and her tenancy would still end on the 16th of the month when it came to it.
    If I want to serve a section 21 notice - should it be on the 16th or the 1st?
    Thanks

  • #2
    If rent is due on the 17th of the month, presumably the tenancy started on the 17th, in which case, a section 21 notice should read 'After 16th'.
    Is she paying two weeks in arrears? From your post, it sounds as though she is switched on so where's the harm in asking for two weeks rent up front, she can still pay on the 1st but she will then be complying with the tenancy agreement in that she is paying in advance.

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    • #3
      We agreed to move the rent payment date only - and as such the first payment she made was for the period of 17-31st plus a month in advance from the 1st to the 31st - and then on the 1st in advance for each month.
      But the dates have never been complied with and she never pays on the 1st or the 17th - she pays whenever she feels like it after I have had to chase her for it week after week.
      At present she is about 2 weeks rent in arrears - i.e she paid about 75% of her rent for this month a few days late....but there is still 25% outstanding.

      So the Section 21 should be served on the 17th then - regardless of her rent payment date?

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      • #4
        Doesnt matter, the rent date is the 17th because that is the date of the AST, if she pays it 2 weeks later then she is basically 2 weeks late with the rent.

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        • #5
          What was the start date of the tenancy and what was the initial term? Without these, we can't advise.

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          • #6
            The AST was for 1 year - started on the 16th April 2005. The rent was due on the 16th of every month. In the tenancy agreement there is a clause that states that if the landlord or tenant for any reason wants to terminate the agreement prior to the six month date - they have to give minimum 2 months notice, such notice expiring not before the 6 month date. After the 6 month date, either party can give notice to terminate but that notice only needs to be 1 month's advanced notice.

            Thanks Guys - really appreciate this

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            • #7
              To the best of my knowledge, and I stand by to be shot down, you have a 12 month AST and the earliest you can get possession via an S21 is 'After 15th April 2006'. You will still need to give a minimum of 2 months notice, only the tenant has to give one month. Prior to that, if she goes more than 2 months in arrears, you can serve a Section 8 and given the history so far, grounds 10 and 11 but bear in mind that while S8 is a compulsory ground, 10 and 11 are up to the judge, don't go looking for any favours there.

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