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View Full Version : Eviction claim struck out. Baffled as to why



bubble
08-12-2011, 16:50 PM
Hey all,

so i need some advice. I started a claim for possesion for a tenant. His contract finished and was running periodocially so i issued him a periodica s.21 with just under 3 months notice. The judge then throws it out saying there were no reasonable grounds for bringing the claim because: 'the notice does not expire on the last day of a period of the tenancy'.

This has completely baffled me.
So just to be clear the contract started on 28/09/2010 and ended on 27/03/2011. I issued a s.21 periodic on 13/06/2011 and that expired on 12/09/2011.

I would like to appeal it but can someone give some light as to the judges decision. Have I missed something? Was my s.21 incorrect :s

Thanks all

Soot2006
08-12-2011, 17:02 PM
I think your s21 needed to expire on the 27th of a month, so if you reissued one today, you would be hoping for 27th February repossession of property.

thesaint
08-12-2011, 17:15 PM
Your Sec 21 should have expired "After the 27th August 2011".

There are notes on this site that gives you the information you need to correctly fill out a Sec 21, and also the Sec 21 form itself.
You may need to re-register to download them, as it is separate to the forum. Stupid, but necessary.

bubble
08-12-2011, 18:25 PM
Oh I see. So the section has to expire after the 27th even if more than two months notice is given because from what I read previously there was no mention of specific dates but just that two months notice is given? Many thanks for your helpful replies.

Mrs Mug
08-12-2011, 18:32 PM
This is from another thread.


As an FYI....

section 21(1)(b) is for notices served within the fixed term and requires 2 months notice.

section 21(4)(a) is for notices served during a statutory periodic tenancy and requires 2 months notice which must expire on the last day of a tenancy period.

bubble
08-12-2011, 18:43 PM
Many thanks. Also, with regards to fixed s21s, Lets say the contract started 08/11/2011 and ended on 07/05/2012. If I was to serve a s.21 fixed on the 15/02/2012 and end it after 07/05/2011, is this still correct?

also if I was to serve a s.21 fixed on the 02/05/2012 would this mean it would have to end after 07/07/2012?

Many thanks

Snorkerz
08-12-2011, 20:59 PM
Many thanks. Also, with regards to fixed s21s, Lets say the contract started 08/11/2011 and ended on 07/05/2012. If I was to serve a s.21 fixed on the 15/02/2012 and end it after 07/05/2011, is this still correct? That would be a s21(1)(b) and would be correct


also if I was to serve a s.21 fixed on the 02/05/2012 would this mean it would have to end after 07/07/2012?No that too would be a s21(1)(b) because it is served within the fixed term, it could end on any date so long as 2 months notice is provided - so expires 'after 2/7/12' would be fine.

shining light
08-12-2011, 22:40 PM
Hi Snorkerz, i've recently started looking into all this so forgive my ignorance, but I am a little confused. could you clarify why the 2 examples above are different ie one ends "after 07/05/2011" (I presume he means 2012?)...but the other ends "after 02/07/2012, when both were issued during the fixed term? Thanks

oaktree
09-12-2011, 08:54 AM
The first one gives two months notice which expires in time to bring the fixed term to an end by its contractual end date, the earliest it can end

The second gives two months notice within the fixed term but which expires after the fixed term has already ended so only needs to be two months from date to date.

If a third notice was served after the fixed term had already ended, it would be a S21(4)(a) and would need to be served prior to the start of the rent period i.e. before the 8th of the month, and would need to end after the last day of a rent period at least two months later, i.e. the 7th of the month

(When I say bring to an end, it is of course subject to the tenant moving out at the end of the notice or the landlord has to take court action - the tenancy won't automatically end because the notice has expired)

shining light
09-12-2011, 13:33 PM
Oaktree, thanks for that, got it now.