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View Full Version : confusion on section 21 please help (newbie)



candicehutchinson
12-03-2006, 12:15 PM
Thanks for reading this in advance,
I currently own and let 10 homes on 6mnth ast we have a tennant who has caused us problems with payments of bounced cheques, we have applied on numerous occasions for a standing order (backed up by my lawyer and his) to no avail ...the last cheque we got bounced (again) so im now just wanting him out.....my point (eventually) is which sect 21 do i serve ??? he has been with us for about 2 1/2 yrs and we applied once through our lawyer to have him removed which cost a bomb and came to nothing as he payed up!!
hes a tricky character and aside from breaking many of the points in the tennancy he's hardly ever here so how and when do i serve???
do i post twice from diffrent p offices or send recorded when he probably wont be there to sign??
any advice would me very usefull as im loathe to contact the lawyer again.
p.s it was reccomended by my lawyer to report him for fraud regarding the amount of "bad cheques " weve received (police not interested)
many thanks
candice

Tweedle Dum
12-03-2006, 13:36 PM
We need to know what tenancy agreement he has with you. If it's a periodic tenancy just issue him with 2 months notice under section 21 4b.

Energise
12-03-2006, 13:49 PM
Which notice?

So when is it necessary to serve a notice under s21(1) and when is it necessary to serve a notice under s21(4)? There are four possible situations that may arise:

The shorthold tenancy is and always has been a periodic tenancy. This has been possible since 28 February 1997. It is quite clear in this situation that it is necessary to serve a notice under s21(4); in particular the date specified in the notice must be the last day of a period of a tenancy.


The tenancy was granted for a fixed term that has not yet expired. It is quite clear in this situation that a notice may be served under s21(1) i.e. at least two months written notice must be given by the landlord that he requires possession of the dwelling house but the notice need not specify a date, let alone one ending on the last day of a period of a tenancy.


A contractual periodic tenancy has arisen by virtue of a clause in the fixed term. For example, a period of one year that has continued from month to month. In that case the tenancy has not come to an end as required by s21(1)(a). It has continued in existence as a contractual periodic tenancy. It is therefore necessary to serve a notice under s21(4).


The tenancy was originally granted for a fixed term that has expired and the tenant has remained in occupation under a statutory periodic tenancy. a notice under s21(4); in particular the date specified in the notice must be the last day of a period of a tenancy.
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The requirements of each notice

Where s21(1) applies the landlord must give to the tenant "not less than two months' notice in writing stating that he requires possession of the dwelling house". So long as this period is given the notice does not have to expire on any particular day.
Where s21(4) applies the notice must satisfy the following conditions:
A date must be specified in the notice.

The notice must state that "possession of the dwelling house is required by virtue of s21" after the date specified.

The date must be the last day of a period of the tenancy (Where the tenancy is a statutory periodic tenancy s5(3)(d) provides that it is one under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy).

The date specified must be "not earlier than two months after the date the notice was given".

The date specified must not be earlier than the earliest day on which the tenancy could have been brought to an end by a notice to quit given by the landlord on the same date if it were an ordinary contractual tenancy.