Section 21 - Date Query

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  • Section 21 - Date Query

    Hello all

    1st post so be gentle with me!!!

    I want to issue a Section 21(4)a - original AST is from 6.10.05 to 5.4.06.

    T requested change of payment date in 07 and rental period is now 16th to 15th of month. An additional rental payment was made at the time to cover from 6th to 15th.

    Which date do I use for Section 21 ?

    Regards

    Sue XxX

  • #2
    When you changed the payment date, did your tenant make a part payment to cover the period 6th of the month to 15th of the month? If so, then the rental period is now 16th to 15th. If the money paid on 16th actually covers the period 6th to 5th, then the rental period is still as it was on the original agreement.

    Does that make sense?

    Comment


    • #3
      Unless you did a new tenancy, IMO the original dates stand.

      However to be safe, don't use a date but the verbal form:
      at the end of the period of your tenancy which will end after the expiry of two months from the service upon you of this notice.
      Ensure it is served a few days before the 5 February.

      Don't start proceedings until after 15 April.

      That way whichever date is correct, at the end of the period they will have had more than 2 months notice.
      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

      Comment


      • #4
        Yes, additional payment was made but I think it was treated as an addition to the deposit - think there was letter about it from the agent - will go and check in my file.

        Thanks

        Sue XxX

        Comment


        • #5
          Section 21 - Date Query

          Hi again

          I followed advice given by Esio Trot above and put the following in my Section 21 Notice:-

          DATE OF EXPIRY OF THIS NOTICE - AT THE END OF THE PERIOD OF YOUR TENANCY WHICH WILL END AFTER EXPIRY OF TWO MONTHS FROM THE SERVICE UPON YOU OF THIS NOTICE

          DATE THIS NOTICE SERVED - 31 JANUARY 2008

          I was just wandering around the site looking at the next steps to take if tenant doesn't vacate and found myself in the FAQ section on Section 21's.
          It states in there that a Section 21 relevant to a Periodic Assured Shorthold Tenancy must contain a date! I am now really worried that if I have to follow this up with court action, it will fail because I haven't given a specific date.

          Advice required please

          Sue XxX

          Comment


          • #6
            It is always better not to state the date as there is no chance of getting it wrong then, and there's no requirement to state the actual date. Your Notice wording might have been better to state "possession is required after the end of a rental period two months from the date of service of this Notice effective from when the rent is next due" although it is a little clumsy it should be alright.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


            • #7
              Can I serve S21?

              Hello experts,

              I am a new landlord and got messed up with my first tenant.

              Tenant took property on 17/11/07.
              Moved in on 24/11/07.
              Rent paid on 24/11/07 £205 to cover till end of month as tenant wanted to change the rent date for 1st of every month.
              Deposit was meant to be paid in installments... to date no payment has been made.
              £830 Rent due on 01/12/07 received on 17/12/07.
              £830 Rent due on 01/01/08 received £130 on 15/01/08
              £830 rent due on 01/02/08 - didn't pay.

              Informed tenant that legal action will be taken if payment has not been reached.

              Served section 8 (rent arrears ground and the damage to property ground)

              Property in bad shape

              £830 rent for 01/03/08 - didn't pay.

              applied for possession - hearing due in 01/05/08

              tenants giving excuses like not receiving housing benefit, not being paid by employer, son lost job, sister on death bed... haven't been to the bank for 2 months... etc....

              Now I just want to get rid of her... can I serve Section 21 while waiting for hearing on 01/05/08? I want to make sure I don't lose the case... want to get rid of her asap.

              Agreement is a fixed term AST which expires on 16/05/08.

              Any advice will be very much appreciated.

              Thanks

              Comment


              • #8
                You can serve a S.21 (1)(b) Notice now which can be effective from 26 May if you were to post it today by recorded delivery first class.

                As an aside I bet this confuses a lot of you concerning the dates, so think about it before you comment!
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                • #9
                  Section 21 on behalf of the landlord

                  Hi, can I serve Section 21 on behalf of the landlord? I am an individual and I manage a property for a friend. He wants his property back. Can a agent serve S21?

                  Comment


                  • #10
                    Originally posted by HotPants View Post
                    Hi, can I serve Section 21 on behalf of the landlord? I am an individual and I manage a property for a friend. He wants his property back. Can a agent serve S21?
                    yes, we do it all the time

                    Comment

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