Advice on serving Section 21 4(a)

[jon_l1970]

Dear all

I am new to the forum and would like some advice.

I want to regain possession of my house whom I have let out for 8 years to a private tenant. Over the years the rent has always been hit and miss and I should have done something about it sooner however you live and learn.

The last fixed term AST agreement was from 18th November 2014 for 6 months so expired on 18th May 2015 to which I believe automatically turns into a periodic tenancy, however the rent payment date is the 27th of the month in arrears. This agreement was signed and independently witnesses and the tenant signed it albeit on the front page not on the same dotted line (will that matter?).

I have done some research and I believe that as it is in a period tenancy I can issue a section 21 4(a) notice for intended possession. My question is this, do I use the 19th September plus 60 days to calculate the serve date (plus a couple of days to allow for post) which brings it up to 20th November - or do I need to use the rent payment date as the start point?

I want to issue this asap so any advice would be most helpful.

Thanks

[dan_1207]

Re: Advice on serving Section 21 4(a)

A notice under s21(1) does not have to expire on a particular date, whereas a notice under section 21(4) must expire on the last day of a tenancy period specifying that possession is required after that day

[jon_l1970]

Re: Advice on serving Section 21 4(a)

I'm confused. If the tenancy period ended on the 18th May it is now a period tenancy. I have issued today the 2nd September a section 21(4)(a) and put the date of expiry as 28th November 2015 which is nearly 3 months (12 weeks and 3 days).

Is this acceptable or have I botched it up? Do i need to re-issue? If so, what date do I need to put?

Thanks

[MissFM]

Re: Advice on serving Section 21 4(a)

There's a helpful checklist here:

http://www.landlordzone.co.uk/conten...tion-21-notice

You're right that it's worth getting it absolutely correct. Take a look, too, at Shelter's advice (to tenants) on the subject:

http://england.shelter.org.uk/get_ad...rivate_tenants

[dan_1207]

Re: Advice on serving Section 21 4(a)

It would've been easier if you had served a notice under s21(1). It is no longer necessary to comply with the additional requirements of section 21(4) if the fixed term tenancy has expired and the tenant is in occupation on a statutory periodic tenancy.

For s21(4), let me give you an example:

The notice must expire on the last day of a tenancy period specifying that possession is required after that day. Therefore, the period of notice required will usually be more than two months. For example, the tenancy is a monthly periodic tenancy, with a new tenancy arising on the 15th of every month. The landlord serves a notice under section 21(4) on 8 February. Two months from the date of service of the notice would be 7 April. However, the notice must expire on the 14th of the month, as this is the last day of a tenancy period. Therefore, to comply with section 21(4), the landlord must give two months and seven days notice. The landlord would be entitled to possession on 15 April.

[jon_l1970]

Re: Advice on serving Section 21 4(a)

Hi Dan

I didn't know about the Section 21(1), however I have already served the notice. Could you just check if below scenario is valid:

The original fixed term ran from 18th November 2014 and expired on the 18th May 2015. Payments were due on the 27th of the month in arrears and no deposit taken.

I issued the section 21(4) on the 2nd September stating that the date of expiry was the 28th November.

Reason I put the 28th November was to "give more than 2 months notice AFTER the 18th November" which was an end of a tenancy period.

Does the date I am entitled to possession from have to actually be the date of the end of the periodic tenancy or a date anytime from that? That is why I put the 28th.

I would rather know if I have it correct as soon as possible as I can re-issue if necessary with the correct dates.

What do you think?

Thanks

[dan_1207]

Re: Advice on serving Section 21 4(a)

I would suspect that the date for possession ought to be 18th of November. The date for possession does have to actually be the last day of a tenancy, so my opinion is that the notice is wrong, and I would personally serve a new notice.

If served today, the date possession is required is 15 December, but check s21(1) first.