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Edd
05-02-2010, 10:10 AM
I have served my tenant with a s21 as follows:
- Periodic tenancy
- Rent due date 18th calendar day
- s21 served 20 Dec 2009
- Expiry date of notice 18 March 2010

I am now prepared to allow the tenant to stay until 18 April 2010. Can I simply serve another s21 before 18 February (thereby giving them 2 months' notice) to supersede the previous notice or must I wait until 18 March when the current notice expires?

Thank you

Snorkerz
05-02-2010, 10:29 AM
No need to do either. Your s21 will be valid for the remainder of this tenancy.

However, are you sure your dates are right?

Did the original tenancy end on the 17th of the month?
In which case, your s21 should expire "After 17th March 2010"

westminster
05-02-2010, 14:56 PM
I have served my tenant with a s21 as follows:
- Periodic tenancy
- Rent due date 18th calendar day
- s21 served 20 Dec 2009
- Expiry date of notice 18 March 2010
Further to snorkerz' comment, the "rent due date" isn't how one works out the periods in a statutory periodic tenancy.

Regardless of what day of the month rent is due, the periods begin the day after the fixed term expired. For example, if last day of the fixed term was the 5th, then the statutory periodic tenancy would begin on the 6th, periods run 6th - 5th of the month, and the notice would have to say LL seeks possession after the 5th of the month.

Of course, it's quite often the case that the rental periods coincide with the rent due dates.

jeffrey
06-02-2010, 22:32 PM
I agree. Once it goes periodic, the only relevance of the fixed-term's "rent due" dates is in deciding the applicable period of the continuation tenancy.