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Issuing Section 21 to tenant

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Comments

  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 7 May 2012 at 4:24PM
    HB58 wrote: »
    If the current contract runs to 14th May, surely the S21 notice cannot end before 14th July?


    S21 can end at any time, so long as if gives 2 months notice. However, you cannot enforce any eviction procedure until the fixed term ends.

    S21 often issued early in tenancy so that it is immediately effective as soon as the fixed term ends.

    Still a little concerned though that OP has not replied to my questions on deposit protection. If not complied with, any S21 will fail anyway. OP can you confirm please?
  • GDB2222
    GDB2222 Posts: 26,457 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    jjlandlord wrote: »
    Checked CPR: rule 6.26 states that in both cases notice is deemed served on the same day:
    http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#IDAWP2HC

    Thanks for putting me right. However, do note the 4.30PM pitfall and the 'business day' pitfall.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A section 21 issued during a fixed term is different to one served during a statutory periodic tenancy. Both must give not less than two months notice but only the latter must expire 'after' the last day of a tenancy period.
    Don't listen to me, I'm no expert!
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    Werdnal wrote: »
    S21 can end at any time, so long as if gives 2 months notice. However, you cannot enforce any eviction procedure until the fixed term ends.

    Thank you!
This discussion has been closed.
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