Section 21 notice

C.C.L.

I believe a section 21 has no actual end date on it, it just says after a certain date, is that correct?
Also if a section 21 is issued can it just be left so that the application to the court can be made at any time after the 2 months notice is up (even a few months after)? The reason I'm asking is I'm sure I read on here that section 21's have been issued with the actual tenancy agreement.
My next door neighbour was given a section 21 4 months ago and nothing else has been said about it, she's been a tenant for 6 years. TIA C.C.L.

Guest101

I believe that tenancies which began after on or after 1st Oct 2015, the s.21 must be acted upon with-in a certain time period. - Though this could be my imagination. Certainly no S.21 can be issued for the first 4 months (which stops what you mentioned about being issued at the time the tenancy began)


However as far as I know it would be fine for your neighbour, as the tenancy began prior to 1st Oct 2015.


She should ask the LL if they intend to evict, if not, and she is happy to continue living there, offer to sign a 6 month renewal (which nullifies s.21 anyway)

mrginge

Six months limit for s.21 under Oct 15 deregulation act.

Guest101

mrginge wrote: »

Six months limit for s.21 under Oct 15 deregulation act.

Thanks, couldn't remember this for sure. Now I know

C.C.L.

Guest101 wrote: »

I believe that tenancies which began after on or after 1st Oct 2015, the s.21 must be acted upon with-in a certain time period. - Though this could be my imagination. Certainly no S.21 can be issued for the first 4 months (which stops what you mentioned about being issued at the time the tenancy began)


However as far as I know it would be fine for your neighbour, as the tenancy began prior to 1st Oct 2015.


She should ask the LL if they intend to evict, if not, and she is happy to continue living there, offer to sign a 6 month renewal (which nullifies s.21 anyway)

Thanks for that info, she doesn't get on with the landlord, and she asked me for advice. She won't let him in to do an insepction, he finally got her to agree about 6 months ago and I think he issued it because of the state of the house. She has been trying to keep it in better, cleaner condition and I think she's now wondering if he will leave it and not apply to the court. She was wondering if he would have to issue another one and I didn't know. The house is in a bad state, and it wasn't like that before the tenancy began. She's agreed to him doing another inspection but I don't know when. I'll suggest she asks him then.

G_M

mrginge wrote: »

Six months limit for s.21 under Oct 15 deregulation act.

Is that retrospective, or does it only apply to new tenancies from 1/10/16.

I should know but don't - so want to!

theartfullodger

Only new ones since 01/10/2015 - but I think it applies to all tenancies from 2018 (?)

C.C.L.

Thanks for the replies, much appreciated.
My neighbour came round last night and showed me the section 21 notice and said she thinks it's not the correct notice.
It's a 6 month AST then on to a rolling (or is it periodic?) contract, started on 5th March 2010. The date on the notice says it starts on 5th October and says after 4th December 2015. The part she thinks is wrong is at the top of the section 21 it says Section 21 (1)b.
I've tried looking myself on the internet but I find it confusing so I'm asking here in the hope one of you will know the answer. TIA, C.C.L.

G_M

Does not really matter what the heading is as long as the dates and wording in the notice are correct. And deposit rules etc are complied with.

'5th Oct' to 'after 4th Dec' is 2 calender months.

As the tenancy started prior to 1/10/15 there is no 6 month limit (as discussed above).

C.C.L.

Thank you G_M for your info.