Correct Expiry date for Section 21

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    Correct Expiry date for Section 21

    First of all Happy Christmas! And i am glad I found this forum as I finding the answer to my question very hard, hope and wpuld be grateful if someone can help.

    I would like possesion of my house and would like to send my tenant a Section 21. I have read that the expiry date of the S21 has to be very specific and if wrong can make the 21 invalid.

    My tenant moved in on 16th sepetember, 2008. His contract is a AST and was a 6 month fixed, and now a periodic one. Also, the TA says the rent ammount weekly. When he move in on the 15th, he paid me the rest of that months rent, and all of the next month October. As we thought, even thoughit says on the TA the weekly rent amount, it would be easier to pay beginning of the month (pcm). So, the next rent he paid was 1st november..and has been paying like this ever since.

    I cant work out what expiry date I should put for his S21, confusion being the TA is weekly and move in date 15th.

    Thank you.

    #2
    Hi

    He moved in on 15th, not 16th. Thanks.

    Comment


      #3
      Since Spencer v Taylor, the end date is less of an issue. Simply specifiy that it is a section 21 notice, rather than any particular subsection. Assuming you are not on a contractual periodic tenancy agreement with specific condition on this, the requirement is simply that it be at least 2 months after service (which can take a few days depending on how you do it).
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        As KTC says..

        If there was a deposit was it protected & PI served within 30 days of being paid by tenant? If not, any s21 invalid..
        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


          #5
          Thank you so much for your replies. I think I will put the expiry date as the 14th, and make sure he has two months notice. Also, I did read that about the deposit, but luckily i did not ask for one so he did not pay one (its not in his agreement.

          Thanks.

          Comment

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