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bubble
22-12-2011, 16:45 PM
so a 6 month AST started on 01/01/2010 and there is a sentence that says
'A fixed term of 6 months from and including 01/01/2010 until and including 01/07/2010'.
I want to issue a s.21 but not sure if the judge will frown upon the fact that the contract ended on 01/07/2010 and potentially throw the case out.
do you think if I issue a s.21 periodic and end it on 01/03/2011 this will be ok?

thanks

Snorkerz
22-12-2011, 17:25 PM
Presuming rent is due monthly, then each tenancy period will run from the 2nd of the month to the first of the next month. Therefore a section 21(4)(a) notice should expire "after 1st xxxx 2012". The word 'after' is critical as it is required by the statute.

bubble
22-12-2011, 17:40 PM
thanks snorkers. However the contract starteed on 01/10/2010 and the first payment had to be made on 01/01/2010. Nonetheless because rent is due every four weeks do you suggest I issue a section 21 counting four weeks continuously from 01/07/2010?

jta
22-12-2011, 17:49 PM
thanks snorkers. However the contract starteed on 01/10/2010 and the first payment had to be made on 01/01/2010. Nonetheless because rent is due every four weeks do you suggest I issue a section 21 counting four weeks continuously from 01/07/2010?

Are you saying the contract says rent is due every 4 weeks or is that when you get it because that's when the tenant has the money? Possibly from LHA?

bubble
22-12-2011, 18:12 PM
rent is due every 4 weeks because they are a HB tenant and it also states that rent is due every four weeks on the same day. So the contract started on 01/01/2010. However an error was made as to the day of expiry being 01/07/2010 as opposed to 30/06/2010.

jta
22-12-2011, 18:15 PM
OK, but does the contract actually say the rent is reserved (due) monthly or every 28 days?

bubble
22-12-2011, 18:26 PM
the contract does say rent is due every 4 weeks. So to be more clear this is exactly what is said: 'Rent: £... every 4 weeks (£... per week) for the duration of the term. First payment to be made on 01/01/2010 and every 4 weeks thereafter on the same day'.

And the confusion is in the line 'A fixed term of 6 months from and including 01/01/2010 until and including 01/07/2010'.

Thanks for the replies

jta
22-12-2011, 18:29 PM
There is no confusion, you granted a term of 6 months and 1 day, that is permissible and not that unusual. You might have to be a bit careful about serving a S21 now though because rent due 4 weekly does not fit easily into the government rules and regulations.

Snorkerz
22-12-2011, 18:49 PM
thanks snorkers. However the contract starteed on 01/10/2010 and the first payment had to be made on 01/01/2010. Nonetheless because rent is due every four weeks do you suggest I issue a section 21 counting four weeks continuously from 01/07/2010?You are correct. The fixed term ended on Thu 1/7/10 and each tenancy period will run from a friday to the thurday 4 weeks later. Therefore a s21(4)(a) must expire "after 7th March 2012" if served before 7th January 2012.