View Full Version : Section 21 terminology - "last day"
Hi - I am new to this forum so may be asking a question that has already been asked - if so apologies
For a lease on a statutory periodic basis, when terminating under section 21 the notice has to expire on the last day.
I need a clarification of "last day". For a lease running from 00.01 on 2nd then last day is the 1st. But - if the lease runs from 8 am on the 2nd of May say to 8am on 2nd June, then is the last day the 2nd (as the period ends at 7.59.59). I cannot find anything that confirms this.
15-03-2006, 14:53 PM
As far as I am aware, the time is irrelevant, the section 21 notice requires that, in a periodic tenancy, the tenant has two months notice, to expire 'after' the last day of a rent period. Therefore, if the rent is due on the 15th of a month, the S21 must state that possession is required After the 14th of the month. Bear in mind also that two months notice is a minimum, this can be extended if the period begins on a weekend or bank holiday.
14-04-2006, 13:00 PM
Need help with this one as well, after having many good tenants I finally get a bad egg.
The AST started on the 3rd Dec 05. I decided to give the tenant notice using S21b and this was done on the 4th of April 06 and sent by registered post (I had also informed him verbally that this would happen the day previous), but to legally give the require minimum of two months notice and to allow three working days for the post I dated the date to quit as the 10th of June.
I’m I right in doing this or should the date be at the end of a period as with a periodic tenancy? I still have time this month to resend with an amended date if this is the case.
I also took the following extract from this link and pertains to notice given during the AST agreement. It dos'nt say anything about end of period.
Notice under this subsection can be served on a tenant at any time during the fixed term of the tenancy provided that the tenant receives a minimum of two months’ notice. This is the case even if the two months notice ends after the tenancy agreement has expired. For example, if notice requiring possession is served on the last day of the tenancy agreement, the tenant does not have to give up possession of the dwelling-house until at least two months after the date that the notice was served.
The notice should be dated in accordance with the provisions above. Also, a notice should not be dated to expire on or before the last day of the tenancy as this would be invalid. For example, where the tenancy was due to expire on December 31st, then the section 21 notice could be served on or before October 31st, and the notice dated to expire ‘after December 31st’.
14-04-2006, 13:22 PM
Best to go to the Act itself:
Housing Act 1988
Chaper 2 - AST - Section 21 - Recovery of Possession - Periodic Tenancy
"that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section"
My interpretation therefore is the notice for possession (Date for Possession) must be on the LAST DAY of a period of the tenancy (the day BEFORE a rent day which would be a first day of a period) AND at least 2 months after the day of service of the notice. Times do not come into it.
14-04-2006, 18:52 PM
Recovery of Possession - Periodic Tenancy
This tenancy is still in the fixed term. The Section 21 doesn't need to end at the end of a rent period. You just need to make sure you give at least 2 months notice, to expire after the end of the fixed term.
14-04-2006, 20:30 PM
That's how I interpted the legislation
Thank you for taking the time to reply.
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