Section 21 notice period

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    Section 21 notice period

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Sole tenant

    Q3 – What date did current TA start dd/mm/yy?
    19/07/16

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    6 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    Per calender month on 19th

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    19/07/16

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    Not yet served

    Q8 – Does the landlord live in the same property as the tenant?
    No

    Hello,

    I'm a first time landlord after some advice. We used a letting agency to manage the property for us as we have been abroad for the last 6 months. We were told that the tenant wouldn't want to extend the contract past the initial fixed term but just found out today that he does. We had decided to move back in ourselves so now need to serve a section 21 notice, but our management company is telling us that as we have missed the last pay date (19th Nov) the two months notice will start from 19th Dec. We have done some research and I'm a little unsure as I think some websites haven't been updated since the oct 2015 changes, but I seem to understand that the two months notice starts from when the tenant receives the section 21, and doesn't have to be in line with pay dates. Our management company is denying this, please could you settle who is right for me?

    Thanks in advance

    #2
    You are right, they are out of date.
    The process was amended by a court case a couple of years ago and formalised in the 2015 Deregulation Act.

    If the tenancy began after last October, you need to use the proper version of the s21 notice (which I guess they'll also nothing about).
    https://www.gov.uk/guidance/assured-...-forms#form-6a

    You need to make sure you (or the agent) did everything they were meant to when the tenancy began, otherwise the notice will be invalid.
    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


      #3
      Thanks so much! Yes I am definitely going to check that the agency passed on everything that they were meant to at the beginning of the tenancy.

      Comment


        #4
        It might be worth supplying it all again in advance of the notice - there's no harm in belt and braces.

        One thing, has anyone spoken to the tenant to tell them what's happening?
        I get the impression that a lot of trouble can be avoided by not starting off with legal notices dropping through the letter box - if the tenant knows what's happening and you are able to be a bit flexible, a stressful situation can be avoided.
        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

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