Another Request for section 21 advice

[Jax]

Good evening everyone.

I have a tenant whose contract is about to expire on 4th March.

I need to move back into my property.

Am I right in assuming I issue notice requiring possession around now for my occupation on 5th March.

The document I have reads Section 21(4)(a)

It mentions assured shorthold tenancy - Notice Requiring possession-Periodic Tenancy - Notice 1

I am assuming this is the correct document

She has been in residence for 18 months, at each 6 month point I wrote out a new agreement.

What concerns me is that if you "fill it out wrong" your tenant could stay put and a court order would be required but could be thrown out because you "fill it out wrong"

Can you advise I have got the right form and my timescales are right.

I assume I am asking for my property back after 4th March which is when it runs to.

Am I on the right track?

Many thanks

Jax

[MrShed]

Hmmm....no. I assume your tenancy is on a monthly paying period, with the rent period beginning on the 5th of the month. In this case, you can now only gain possession after the AROUND 20th or 21st of APRIL, depending upon when you serve it. You must give at least 2 full months notice. As you are within the fixed term, this notice does not have to expire on a rent day, but you must give 2 full months notice.

[MrShed]

Oh, and it is Section 21 (4)(b) you need not (a) - I think!

[Jax]

Hi Mr Shed,

Sorry... What a nerd.. I actually want to move in on the 1st MAY!! so I am well within the timescale then..Would it matter if I gave her longer notice then? I want to get the documentation out this week..

Actually its not a month by month think as such, we have arranged every 6 months to have a new tenancy agreement between us.

This is because my tenant is on Housing Benefit and the benefit office insist they need to see a new agreement each time to show them that she is claiming properly if you see what I mean. That she actually does have property to rent and is not staying round her mums....or wherever..

The document I mentioned does state that we are asking for our property back....

Thanks for your help.

Could anyone else advise should it be Section 21(4)(a) or b

Jax

[MrShed]

No. I would give notice ASAP - no problems with doing this. However, you need to realise that this does not guarantee possession on that date. If the tenant does not move out, you must then proceed through the courts, get a possession order and if neccessary get baliffs to remove her. This will take time - probably at the very least another month.

(a) is for periodic tenancies, which yours is not, hence my reasoning. However, I could be wrong!!

[Jax]

Thanks, I will, I do appreciate that there are no guarantees... .

I think you are right.. the document should be slightly different, thank you for pointing that out...

I will get the other one and send it by registered mail this week...at least then I will have a record..

Thank you Mr Shed for your help

If anyone has anything to add please feel free


Jax

[jeffrey]

Section 21(1)(b) is where Notice served during fixed term.
Section 21(4)(a) is where term has expired.

[Jax]

Jeffrey

Thank you so much for explaining that one.

Jax