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mike27
06-02-2009, 08:47 AM
I have a fixed term tenancy that is due to finish at the end of march. I want to give notice which section 21 do I need to use 21 (1) (b) or 21 (1) (a) or doesn't it make any difference?

mike

Ericthelobster
06-02-2009, 09:14 AM
I have a fixed term tenancy that is due to finish at the end of march. I want to give notice which section 21 do I need to use 21 (1) (b) or 21 (1) (a) or doesn't it make any difference?You need "b" - the other one is for use after the end of the fixed term of the tenancy.

jeffrey
06-02-2009, 09:47 AM
You need "b" - the other one is for use after the end of the fixed term of the tenancy.
Yes, but;
i. a Notice under s.21(1)(b) served now must run for two months, even though that period protrudes beyond the term expiry date; and
ii. the 'alternative' Notice, for service after the term expiry date, is s.21(4)(a), not s.21(1)(a).

PaulF
06-02-2009, 12:17 PM
Did you know that service of a S.21 (1)(b) Notice could still be valid for a statutory periodic tenancy, even though the correct version is (4)(a)?

mike27
06-02-2009, 13:33 PM
I've heard the same that it has to be in writing but not on a prescribed form, any clarity on this?

PaulF
06-02-2009, 13:42 PM
There is no prescribed format (and never has been) for a S.21 Notice, it can be a letter providing the necessary information is contained withn it.

johnboy
06-02-2009, 17:07 PM
The first section 21 court hearing i used (which was defended) the s21 didnt state (1)(b) or (4)(a) and it still sailed through.

PaulF
06-02-2009, 17:58 PM
The wording for each does differ a little though