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Izzycam
22-09-2011, 11:25 AM
Any idea what date to serve on a section 21 notice this afternoon (enough is enough)
Tenant moved in on the 28th Jan 11 and has an Assured Shorthold tenancy (periodic). Would be ever so grateful. Thanks

westminster
22-09-2011, 11:44 AM
What date did the fixed term begin?
What is the length of term and is an 'end' date specified?
Is rent payable monthly?

Izzycam
22-09-2011, 11:52 AM
Oh sorry Westminster, I forgot to put that.
The rent is paid weekly.
It's a 6 month AST.
She moved in and signed the contract on the 28th Jan 11 and I have just let it run on from there.

Izzycam
22-09-2011, 11:53 AM
Sorry forgot to put Thank you.

westminster
22-09-2011, 14:11 PM
Did the fixed term also commence on 28th Jan? Was an 'end' date to the fixed term specified in the contract or does it just say something like "Six months commencing [date]"?

Izzycam
22-09-2011, 14:20 PM
For a fixed period of six months,it says on the contract. Thanks

Izzycam
22-09-2011, 14:22 PM
Exact wording
The premises shall be let to the tenant from the 28th Jan 11 for a fixed period of 6 months.

Snorkerz
22-09-2011, 14:35 PM
Exact wording
The premises shall be let to the tenant from the 28th Jan 11 for a fixed period of 6 months.The minor confusion here is that 6 months from 28/1 to 27/7 does not divide equally into weeks (it's 25 & a bit).

Your fixed term ended on a Wednesday, therefore all weekly tenancy periods end on a Wednesday. You must give a minimum of 2 months, so 2 months today is 23/11 which happens to be a Wednesday, so serve today with an expiry of "after 23rd November 2011"

Expect confusion over rent - as rent paid on Fri 22 July was for 22/7 to 27/7 (6 days) but I bet they paid a weeks worth.

westminster
22-09-2011, 15:02 PM
The deadline for serving a s.21(4)(a) notice expiring Wednesday 23rd November is tomorrow, 23rd September.

OP must therefore deliver the notice by hand before 4.30pm tomorrow. It's too late to post it.

Izzycam
22-09-2011, 15:02 PM
I'm not so worried about the rent as I don't expect to get the arears back,she'll most probably be scamming someone else.I would just like to get her out(damage limitation I'm afraid).
Thanks

westminster
22-09-2011, 15:04 PM
Exact wording
The premises shall be let to the tenant from the 28th Jan 11 for a fixed period of 6 months.
It would make things simpler if you grant a fixed term expressed as a number of weeks when rent is payable weekly, i.e. 26 weeks instead of 6 months.

Izzycam
22-09-2011, 15:17 PM
That's just brilliant, I'll go up there about 5 and serve it.
Thank you so much.
Do you know I've been thinking there must be some kind of business opportunity in this section 21 malarky.
Surely someone could set up a website for simplistic AST's (admittedly landlord zone does a very good one,) but also a service where you tap in your start date ....a few particulars and up pops the date to serve notice.I think this paid service, if it came about would be so useful and I'm sure lots of landlords would be willing to cough up.
They could put a clause in the wording where the website would not be liable for wrong dates......it seems to me, it's touch and go whether these section 21's are thrown out of court on a technicality anyway.
I'm just thinking if we can put a man on the moon, why are we finding it so hard (myself included) to get this date right.
Any entrepreneurs out there capable, or am I being too simplistic.

Izzycam
22-09-2011, 15:26 PM
Sorry to sound obtuse but do I put on the notice the wording after the 23rd.... or 24th.

Snorkerz
22-09-2011, 15:28 PM
Oh, all of the 'eviction specialists' who advertise on here would do that (for a fee). Often it is all that is needed to effect an eviction.

Snorkerz
22-09-2011, 15:28 PM
"after 23rd" bbb

Izzycam
22-09-2011, 15:36 PM
Yes, I agree, mostly they move out once they get the section 21, but I need to be a little bit careful because we have all these housing advice centre's who act on behalf of the tenant(irrelevant of the fact that they owe the landlord a small fortune).
They go through these notices with a fine tooth comb, hoping we've made a slip up,meaning one less homeless person to put on they're list.

Izzycam
22-09-2011, 15:45 PM
Out of interest I wonder how much they charge just for the date.
Ideally I would just like to gice them the details over the phone or internet get the date and away to go.....I don't want a lot do I, Ha! Ha!

Snorkerz
22-09-2011, 15:50 PM
I don't think they'd provide just the date - but the first one I looked at (Legal4Landlords) charge £99 plus vat for the s21 & s8. TBH, I think there will be cheaper ones out there.

Izzycam
23-09-2011, 09:56 AM
Just like to say a big thank you for your help yesterday. Served notice with a witness last night and I think it may have done the trick, as she has promised to stop pestering me and said she will pay the owings.
I will live in hope!
Thanks again guys, much appreciated.