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View Full Version : section 21 periodic dates.



ah84
04-02-2008, 13:32 PM
Need to do building work due to the wonderful HMO licensing so planning to serve some section 21's in the next month.

Got one 5 year old tenancy where the Tenancy agreement states rent is paid 4 weekly on the sunday of each 4 weeks.

However the reality is that we switched to calendar monthly on the 1st quite some time ago(2 to 3 years). Tenant paid pro rata sum to end of month and on the 1st thereafter.

Hence I would presume section 21 would expire on the last day of calendar month. Assuming I am correct anyone got any pointers on what to put in the bundle to stop the judge just throwing it out(due to lease not stating the 1st). The only thing i could do in terms of written evidence is photocopy one of the tenant's cheques and use that as evidence of rent day.

Thanks for any help.

jeffrey
04-02-2008, 14:22 PM
Was anything put in writing re change of payment day?

ah84
04-02-2008, 14:49 PM
Nope nothing in writing. I have just scanned in this months cheque dated 1/2/08.

To be honest I don't see this tenant being a problem, but its good to be belt and braces sometimes.

Surrey
04-02-2008, 16:18 PM
Isn't there an alternative form of wording that doesn't explicitly state the actual date but is acceptable legally?

Someone will get back to you on that one, I'm sure.

jeffrey
04-02-2008, 16:26 PM
Isn't there an alternative form of wording that doesn't explicitly state the actual date but is acceptable legally?

Someone will get back to you on that one, I'm sure.
Yes. The wording is as normal, including supposed Notice expiry date, then:
"...or, if later, the date on which a complete period of the tenancy expires next after two months from the date of this Notice".

Surrey
04-02-2008, 20:31 PM
I knew you'd know!

jeffrey
05-02-2008, 08:47 AM
I knew you'd know!
Yes. I knew that you'd know that I know.

Trawler
19-01-2012, 09:11 AM
Hi
Further to this thread, please could someone confirm whether the following wording would also be a coverall as I am currently looking at a s21 where the notice specifies the last day as a saturday, but the weekly tenancy was started on a Monday?
Thanks.
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