section 21 query

loobiloo

My tenant moved into a flat I own on October 4, 2014. Should my section 21 request he vacate on the 3rd or 4th of the month? Thanks

theartfullodger

It should give AT LEAST 2 months from date of service (not date-when-posted). However, not all judges understand the recent case law changes so safest is (exact words..) "after 3rd.... " giving AT LEAST 2 months notice...

The s21 notice does not end tenancy nor require tenant to leave. Was deposit protected & PI served within 30 days of deposit payment?

Sigh! Done any training as a landlord?? £5 to an agreed housing charity if you did, but if you did it doesn't seem to have sunk in.....

G_M

loobiloo wrote: »

My tenant moved into a flat I own on October 4, 2014. Should my section 21 request he vacate on the 3rd or 4th of the month? Thanks

Impossible to answer without further details:

* which country?
* initially a fixed term or periodic tenancy?
* dates of fixed term if applicable?
* date you intend to serve S21?

See also:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

loobiloo

Yes, I realise 2 months notice is required, thanks theartfullodger (good name!) and yes, deposit is protected. Whats the PI?

G_M - UK, periodic tenancy and intend to serve it on Monday.

thanks!

edit: just looked up PI - yes, that was served.
No idea what your last sentence refers to by the way.

Pixie5740

Housing law differes in Scotland, Northern Ireland and England & Wales so saying UK doesn't really help.

PI is the prescribed information which you need to serve to the tenant regarding the deposit.

G_M

* which country?
* initially a fixed term or periodic tenancy?
* dates of fixed term if applicable?
* date you intend to serve S21?

loobiloo wrote: »

G_M - UK, periodic tenancy and intend to serve it on Monday.
.

* OK I'll take a guess: England/Wales. If Scotland or N Ireland - ignore me.

* so the tenancy started as a Contractual Periodic Tenancy. What does the tenancy agreeement say about notice. Please quote the exact words.

* N/A as there was never a fixed term.

* You will serve notice on 8 Feb 2016. Until you tell us what the contractual notice period is we cannot advise on expiry date

loobiloo

G_M -

England

The tenancy started as a 6 month assured shorthold tenancy which has now automatically become a periodic tenancy

The contractual notice is 2 months

thanks

booksurr

loobiloo wrote: »

No idea what your last sentence refers to by the way.

it is a link (the blue text) which if you can be bothered to read it will educate you on why you are still not giving us the info necessary to give you an accurate answer

loobiloo wrote: »

The tenancy started as a 6 month assured shorthold tenancy which has now automatically become a periodic tenancy SPT or CPT?

The contractual notice is 2 months

I doubt you understand what you mean by that last comment - what contract?

G_M

loobiloo wrote: »

G_M -

England

The tenancy started as a 6 month assured shorthold tenancy which has now automatically become a periodic tenancy

The contractual notice is 2 months

thanks

This makes no sense.

1) I asked "initially a fixed term or periodic tenancy?" and you replied "periodic tenancy". Now you say 6 month fixed term.

Which was it?

2) You also say "contractual notice is 2 months", so I assume it is now a Contractual Periodic Tenancy yes? Given the uncertainty in your answers (and apparently limited understanding of tenancy law), I suggest we check:

a) what is the exact wording in the contract regarding what happens at the end of the fixed term?

b) what is the exact wording in the contract regarding notice during the subsequent Contractual Periodic Tenancy?
(note: these are 2 separate questions though the answers may be within the same contract clause)

3) if it is in fact a Statutory Periodic Tenancy, that will change things further.

loobiloo

It's a 6 month Assured Shorthold Tenancy agreement, now it has automatically rolled onto a Statutory Periodic AST. I didn't say it was ever a 6 month fixed term.

This is taken from the AST page of the Landlord Blog, all of which I am sure you are aware, but just to clarify for you:
If at the end of the fixed term of the tenancy is not renewed, it then becomes what is known as a Statutory Periodic Assured Shorthold Tenancy Agreement. This means that the terms of the original tenancy agreement still apply, but the tenancy continues on the rent schedule. For example, if rent is paid on a monthly basis, then the contract will become a monthly periodic tenancy.
There’s also what is known as a Contractual Periodic Tenancy; this is when no term for the end of the let is set and the tenancy simply continues until either party decide to bring it to an end.

The wording in the contract regarding notice refers to 2 months, as stated. As the tenant is way beyond the fixed term I don't see the relevance.

loobiloo

booksurr wrote: »

it is a link (the blue text) which if you can be bothered to read it will educate you on why you are still not giving us the info necessary to give you an accurate answer

I doubt you understand what you mean by that last comment - what contract?

Yes I'm aware what a link is - the sentence that made no sense was't in your post.