Giving more notice

**spare** · 29-01-2013 22:26 PM

Hi
If you have served a section 21 and all is fine with deposits and dates etc but this was in a fixed term, then the tenant went onto periodic and was given a month to leave but hasn't am I correct in thinking that the correct amount of notice has been given and I could go straight to issue proceedings.

**westminster** · 29-01-2013 23:02 PM

Assuming the s.21 notice given was valid, then you may apply for possession at any time after the notice expires. Makes no difference that a statutory periodic tenancy has since arisen.

The minimum length of notice is two months not one. And it is not 'a month to leave'; a notice under s.21 does not end the tenancy nor oblige the T to vacate. It merely entitles the LL to apply for a possession order after notice expiry.

(And if you go on to grant a new fixed term contract then any previously served s.21 notice will no longer be actionable).

**spare** · 29-01-2013 23:27 PM

Great got all that, but would the sending of a letter to the tenants giving them one months notice to leave, probably being to nice, make any difference or can I just start the court procedure etc now as it would take longer than a month to get anywhere near a court.

**spare** · 29-01-2013 23:30 PM

Sorry just make to this clear. Section 21 given with the proper two months notice, he starts paying the rent again then stops, by then he is on periodic so I send a letter saying he has got one month to get out, can I just start proceedings now as I mentioned by the time the court gets around to doing anything that month will have passed.

**MSaxp** · 30-01-2013 07:07 AM

The one month letter you sent has no legal meaning. You could equally have said 3.67 days. You would still need a months notice from the tenant or a court order to end the tenancy. You've served the section 21, no other notice required before you apply for possession.

**LesleyAnne** · 30-01-2013 08:16 AM

You cannot tell the tenant they have one month notice to "get out" as you have no legal way to end the tenancy. If the S21 expires and they haven't taken that seriously, then why should they take any notice of another letter from you?

If you are 100% sure that the notice was correct, use it. Don't dither about giving them a 2nd chance, or risk being accused of harrassment by sending further letters.

I am sure the tenant knowns the purpose of a section 21 and understands it means you will use it to get them out, why offer them anything else????

**thesaint** · 30-01-2013 09:20 AM

If you want to give them a months extra before you start legal proceedings then you can write them a letter stating that you served a Sec 21 on "x" date(copy enclosed), and on "y" date(one month from now)you will be applying to the county court for possession.

If they leave on or before "y" date, you will not have any need to start proceedings which will initially cost £175.00 which you will be asking the judge to award the costs against the tenant.

**Paul_f** · 30-01-2013 09:29 AM

Originally Posted by LesleyAnne

Don't dither about giving them a 2nd chance, or risk being accused of harrassment by sending further letters.

Sending a letter is not normally in itself a form of harassment but I take your point in that telling the tenant that they need to "get out" i.e. leave at the expiry of the S.21 Notice had no effect.

**westminster** · 30-01-2013 10:35 AM

Originally Posted by spare

Great got all that, but would the sending of a letter to the tenants giving them one months notice to leave, probably being too nice, make any difference or can I just start the court procedure etc now

The only lawful way to end the tenancy is by serving a statutory notice and then applying for possession.

It's a bad idea to send letters telling the T to "get out"; the only difference it might make is that you get accused of unlawful harassment.