On what day should my section 21 Notice expire?

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  • On what day should my section 21 Notice expire?

    Lease started on 10th of month.

    When should the section 21 expire, is it 9th or 10th of month?

  • #2
    Section 21 Notice - end date

    If the tenancy starts on the 10th the last day of a tenacy period is the 9th, that's the date AFTER which you require possession.
    If you are serving within the fixed term the notice does not necessarily need to specify a date - so long as it allows a full two months from the date of service.
    If you are serving with a statutory periodic tenancy you do then need to specify a date giving a minimum of 2 months up to the last day of a period.

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    • #3
      But if you have taken a pro rata payment to change the rent date then it may be different. See a previous thread I posted it which Jeffrey kindly answered.

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      • #4
        Originally posted by ah84 View Post
        But if you have taken a pro rata payment to change the rent date then it may be different. See a previous thread I posted it which Jeffrey kindly answered.
        I have since posted on that thread as I query this advice.
        All posts in good faith, but do not rely on them

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        • #5
          Originally posted by Editor View Post
          If the tenancy starts on the 10th the last day of a tenacy period is the 9th, that's the date AFTER which you require possession.
          If you are serving within the fixed term the notice does not necessarily need to specify a date - so long as it allows a full two months from the date of service.
          If you are serving with a statutory periodic tenancy you do then need to specify a date giving a minimum of 2 months up to the last day of a period.
          Hi,

          We issued a sec21 notice to take possession of our property on the 11th April 08 when T's AST ends therefore giving approx 3 months notice would this be OK and stand up in court

          Also which section21 should we have sent (a) or (b)

          or

          Would it not matter in this case.

          Thanks

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          • #6
            If s.21 Notice is served:
            a. DURING fixed term, use s.21(1)(b); or
            b. AFTER EXPIRY of fixed term, use 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).

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            • #7
              Originally posted by jeffrey View Post
              If s.21 Notice is served:
              a. DURING fixed term, use s.21(1)(b); or
              b. AFTER EXPIRY of fixed term, use s.21(4)(a).
              Thanks Jeffrey, very much appreciated.

              Dave

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              • #8
                Originally posted by Editor View Post
                If the tenancy starts on the 10th the last day of a tenacy period is the 9th, that's the date AFTER which you require possession.
                If you are serving within the fixed term the notice does not necessarily need to specify a date - so long as it allows a full two months from the date of service.
                If you are serving with a statutory periodic tenancy you do then need to specify a date giving a minimum of 2 months up to the last day of a period.
                I have seen some AST's dated 10th to end on the 10th and not the 9th which I dont think is a prob as long as the s21(1)(b) 2 months notice ended no earlier than the 10th. I suppose it would just be classed as a 6 month and 1 day tenancy not a 6 month one.

                Or am i wrong?

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