Is my amended s.21 notice valid?

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  • Is my amended s.21 notice valid?

    Hi, I hope some of you can give me the benefit of your experience.
    My tenant moved in on 14th January and paid rent regularly until July, he missed that month and August and I didn't realise until October because I was abroad.
    The rent is 550.00 per month and he said he would pay 150.00 per month to catch up, he made two payments one in November and one in December.
    I sent him a notice to quit on 5th January and on 14th January I received no money at all, not even the due rent, probably because he received the notice!
    I've just realised through reading the forum postings that he now has a periodic tenancy because it was over 12 months when I sent the notice, but I crosssed this wording out on the notice as I thought it was an AST.
    The notice said that I wanted possesion on 15th March (this is a Saturday and more convenient for me although it is a day later than the rent period).
    My question is:
    Is the notice invalid and do I have to send another one giving him a further 2 months?
    Last edited by peaches; 29-01-2008, 22:04 PM. Reason: wrong title

  • #2
    Originally posted by peaches View Post
    Hi, I hope some of you can give me the benefit of your experience.
    My tenant moved in on 14th January and paid rent regularly until July, he missed that month and August and I didn't realise until October because I was abroad.
    The rent is 550.00 per month and he said he would pay 150.00 per month to catch up, he made two payments one in November and one in December.
    I sent him a notice to quit on 5th January and on 14th January I received no money at all, not even the due rent, probably because he received the notice!
    I've just realised through reading the forum postings that he now has a periodic tenancy because it was over 12 months when I sent the notice, but I crosssed this wording out on the notice as I thought it was an AST.
    The notice said that I wanted possesion on 15th March (this is a Saturday and more convenient for me although it is a day later than the rent period).
    My question is:
    Is the notice invalid and do I have to send another one giving him a further 2 months?
    "Notice to Quit"- if that is really what you served- is definitely wrong. It should have been a Notice under s.8 or s.21 of Housing Act 1988.
    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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    • #3
      It was under section 21 and I've been advised to send another, thanks for your reply.

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