Section 21(4)(a) or 21(1)(b) ?

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    Section 21(4)(a) or 21(1)(b) ?

    Hello,

    I have a flat rented on AST which is ending in mid Jan 2008.

    Now, after evaluating things i came to the conclusion that i need the flat vacant asap. The tenants are not causing any problems and are on DSS, therefore i get the rent directly from the council.

    I understand that to have the flat vacant i need to give two months notice from the rent due date.

    What i would like to know is whether i should serve 21(1)(b) or 21(4)(a), bearing in mind that if i serve notice in mid december, then because it has to be two months - it will mean i would have the flat vacant by mid feb.
    But, when it goes past mid Jan, it will be classed as periodic tenancy i believe; so which notice will be valid in this case?

    Any advice will be appreciated.

    Thank You

    #2
    Originally posted by RayLondon View Post
    Hello,

    I have a flat rented on AST which is ending in mid Jan 2008.

    Now, after evaluating things i came to the conclusion that i need the flat vacant asap. The tenants are not causing any problems and are on DSS, therefore i get the rent directly from the council.

    I understand that to have the flat vacant i need to give two months notice from the rent due date.

    What i would like to know is whether i should serve 21(1)(b) or 21(4)(a), bearing in mind that if i serve notice in mid december, then because it has to be two months - it will mean i would have the flat vacant by mid feb.
    But, when it goes past mid Jan, it will be classed as periodic tenancy i believe; so which notice will be valid in this case?

    Any advice will be appreciated.

    Thank You
    I always thought that it should be a 21(1)b as it is being issued during the term of the fixed period. ( I could be wrong, sorry )

    Comment


      #3
      Yes. A Notice served DURING the fixed term is under s.21(1)(b) and expires at the later of:
      a. end of term; and
      b. two months from service.

      But a Notice served AFTER the fixed term has ended is under s.21(4)(a).
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Thank You, this is very clear.

        appreciate that

        Comment


          #5
          Can I suggest that as well as serving the notice you speak directly to the tenants to explain the situation, and inform them that you are expecting them to vacate at the end of their agreement? That will allow you to explain that the notice, while official and "threatening" in tone (if you're not used to getting that kind of notice) is only there as protection for you, and that you have no intention of taking them to court as long as they do vacate at the end of their tenancy, or at the very latest at the end of the notice period given on the S21 notice.

          Cooperation is a really good thing to try, particularly as they have not been any trouble.

          Ah, just re-read and got the DSS bit. You might have a little more difficulty regaining your property if they go on to seek to be rehoused by the council, but if they can find alternative private accommodation and you are happy to give them a reference you never know, you could get lucky and get your place back promptly.

          Comment


            #6
            If you serve a s21(1)b during the fixed term but the end of the 2 months notice falls outside the fixed term it doesnt have to be in line with the rent period start date. But make sure you allow as least 2 workings days extra for serving notice.

            Comment

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