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grafto
09-12-2011, 18:56 PM
Hi,
6 month AST started 8th of August 2011 can someone please confirm the dates that should be on sec 21 and sec 8 notices and when they should be served?

I have done the following please tell me if it is correct,

Section 21,(21(1)(b) was served on 29th November with a date of expiry 7th of Feb 2012

Section 8 was served today as he is now 2 months in arrears and was dated the 8th of December where the landlord signs should that of been dated 9th of December?

The grounds are 8,10,and 11.

Thanks

Snorkerz
09-12-2011, 19:18 PM
section 21 is fine so long as it says "after 7th Feb" as you can't claim ON the 7th Feb as that is still within the fixed term.

Dates aren't such an issue for section 8 - you just can't commence the court process until after Christmas.

jta
09-12-2011, 19:23 PM
Hi,
6 month AST started 8th of August 2011 can someone please confirm the dates that should be on sec 21 and sec 8 notices and when they should be served?

I have done the following please tell me if it is correct,

Section 21,(21(1)(b) was served on 29th November with a date of expiry 7th of Feb 2012

It should say after 7th February 2012

Section 8 was served today as he is now 2 months in arrears and was dated the 8th of December where the landlord signs should that of been dated 9th of December?

The important date is when it can be considered served, allow 14 days from then

The grounds are 8,10,and 11.

Thanks

Hope that helps

grafto
09-12-2011, 19:31 PM
section 21 is fine so long as it says "after 7th Feb" as you can't claim ON the 7th Feb as that is still within the fixed term.

Dates aren't such an issue for section 8 - you just can't commence the court process until after Christmas.

Section 21 actualy says Date of expiry of this notice 7th February 2012
We require you to vacate the property on or before this date.

This was done by my letting agent if it is wrong when can i issue him with another?

Thanks

jta
09-12-2011, 19:39 PM
Since you are still in the fixed term you can issue another one immediately, but it must give a full 2 months notice, because it is a S21(1)(b) it is not bound by the expiry date of the tenancy, so if you send it tomorrow on the 9th, allow two days for delivery and service and make the date After 12th February 2012.

Ps. Send two copies from different post offices and get proof of postage from each, do not use a 'signed for' service.

Snorkerz
09-12-2011, 19:41 PM
Section 21 actualy says Date of expiry of this notice 7th February 2012
We require you to vacate the property on or before this date.

This was done by my letting agent if it is wrong when can i issue him with another?

ThanksSack your letting agent.

Re-serve a new s21(1)(b) and ensure it gives at least 2 months notice.

Yours is wrong without the word "after", because you are applying to seek possession during the tenancy. There is no absolute need for this new one to have the word 'after' as it will end after the end of the fixed term, however, the same wording is always required on s21(4)(a) notices so it is best to get into the habit of doing so.

Fortunately, you asked the question at a time when this 'error' will not delay isues by much.

grafto
09-12-2011, 19:57 PM
Sack your letting agent.

Re-serve a new s21(1)(b) and ensure it gives at least 2 months notice.

Yours is wrong without the word "after", because you are applying to seek possession during the tenancy. There is no absolute need for this new one to have the word 'after' as it will end after the end of the fixed term, however, the same wording is always required on s21(4)(a) notices so it is best to get into the habit of doing so.

Fortunately, you asked the question at a time when this 'error' will not delay isues by much.

Thanks for your help,will be on phone in the morning to agent.

grafto
09-12-2011, 19:59 PM
Since you are still in the fixed term you can issue another one immediately, but it must give a full 2 months notice, because it is a S21(1)(b) it is not bound by the expiry date of the tenancy, so if you send it tomorrow on the 9th, allow two days for delivery and service and make the date After 12th February 2012.


Ps. Send two copies from different post offices and get proof of postage from each, do not use a 'signed for' service.


Thanks for that

mariner
09-12-2011, 20:47 PM
A new s21 served today will expire 10th Feb.

jta
09-12-2011, 20:55 PM
A new s21 served today will expire 10th Feb.

I'm allowing time for postal service. Keep up.