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Gailforce
19-01-2008, 13:22 PM
Lease started on 10th of month.

When should the section 21 expire, is it 9th or 10th of month?

Editor
19-01-2008, 13:42 PM
If the tenancy starts on the 10th the last day of a tenacy period is the 9th, that's the date AFTER which you require possession.
If you are serving within the fixed term the notice does not necessarily need to specify a date - so long as it allows a full two months from the date of service.
If you are serving with a statutory periodic tenancy you do then need to specify a date giving a minimum of 2 months up to the last day of a period.

ah84
19-01-2008, 21:41 PM
But if you have taken a pro rata payment to change the rent date then it may be different. See a previous thread I posted it which Jeffrey kindly answered.

Bel
21-01-2008, 11:15 AM
But if you have taken a pro rata payment to change the rent date then it may be different. See a previous thread I posted it which Jeffrey kindly answered.

I have since posted on that thread as I query this advice.

djmcd
31-01-2008, 19:05 PM
If the tenancy starts on the 10th the last day of a tenacy period is the 9th, that's the date AFTER which you require possession.
If you are serving within the fixed term the notice does not necessarily need to specify a date - so long as it allows a full two months from the date of service.
If you are serving with a statutory periodic tenancy you do then need to specify a date giving a minimum of 2 months up to the last day of a period.

Hi,

We issued a sec21 notice to take possession of our property on the 11th April 08 when T's AST ends therefore giving approx 3 months notice would this be OK and stand up in court

Also which section21 should we have sent (a) or (b)

or

Would it not matter in this case.

Thanks

jeffrey
31-01-2008, 21:05 PM
If s.21 Notice is served:
a. DURING fixed term, use s.21(1)(b); or
b. AFTER EXPIRY of fixed term, use s.21(4)(a).

djmcd
06-02-2008, 14:24 PM
If s.21 Notice is served:
a. DURING fixed term, use s.21(1)(b); or
b. AFTER EXPIRY of fixed term, use s.21(4)(a).

Thanks Jeffrey, very much appreciated.

Dave

johnboy
06-02-2008, 16:00 PM
If the tenancy starts on the 10th the last day of a tenacy period is the 9th, that's the date AFTER which you require possession.
If you are serving within the fixed term the notice does not necessarily need to specify a date - so long as it allows a full two months from the date of service.
If you are serving with a statutory periodic tenancy you do then need to specify a date giving a minimum of 2 months up to the last day of a period.

I have seen some AST's dated 10th to end on the 10th and not the 9th which I dont think is a prob as long as the s21(1)(b) 2 months notice ended no earlier than the 10th. I suppose it would just be classed as a 6 month and 1 day tenancy not a 6 month one.

Or am i wrong?