Interesting situation Re S21

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  • Interesting situation Re S21

    Hi all,

    Ive got an odd situation. Due to a clerical error with a contract, we have an AST running from 1st Nov 2007 to 1st April 2008. This is 5 months and a day (eg not six months).

    The tenent is (supposedly) in receipt of housing benefit however none has yet materialised although we have seen a cheque from them.

    The rent is now just over two months in arrears (by £100).

    We need to serve a S21 notice. We are outside the two months notice for the end date on the contract to serve a S21 1 b, however as the minimum term for an AST is six months this may not matter.

    Could anyone advise on what date should be going on the S21 1b (or even if we should be using a S21 4a!) for the "expires after" date?

    The rent is down as payable monthly in advance on the first day of the month.

    Just out of interest, a mandatory ground for S8 (we intend to serve this as well for good measure) is two months in arrears. When is this calculated? Is it enough that the due date for rent (eg 1st of the month) has passed for the rent to be classed is in arrears, or do you have to wait until the entire month has passed before it is arrears.

    Thanks all.
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  • #2
    Can't yet get my head around your S.21 dates issue, but as far as the S.8 is concerned, it is not two months in arrears but 2 months UNPAID that counts.

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    • #3
      OK, it has to be a S.21 1B as one way or another it AST is still within the fixed term.
      As for the expiry date?? is it a 5 or 6 month agreement?

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      • #4
        Just call it S21 with no a or b. That way you can't get it wrong. Also, don't forget they'll have a minimum of 6 months fixed term, regardless of what you've put on your contract.

        Courts can't give possession during fixed term on discretionary grounds (9 to 17) in a S8.

        Comment


        • #5
          Originally posted by Wickerman View Post
          We have an AST running from 1st Nov 2007 to 1st April 2008. This is 5 months and a day (eg not six months)...

          We need to serve a S21 notice. We are outside the two months notice for the end date on the contract to serve a S21 1 b, however as the minimum term for an AST is six months this may not matter.

          Could anyone advise on what date should be going on the S21 1b (or even if we should be using a S21 4a!) for the "expires after" date?

          The rent is down as payable monthly in advance on the first day of the month.
          1. There is NO "minimum term for an AST"! See item 5 below, however.
          2. The term of this tenancy is still running.
          3. So Notice would be under s.21(1)(b).
          4. It has to give two months' notice to T. As long as it's served before1 April, the notice period is exactly two months from service.
          5. BUT the Possession Order, once obtained, cannot award vacant possession to L until 1 May (the 'six-month' rule).
          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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          • #6
            Why have an expiry date on the AST at all. Just have a start date and say for a term certain of six/months!

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