Serving section 21 notice

AskAsk

I would like to serve notice on my tenants, that I would be seeking to repossess the property on 15 March as their contracts is currently periodic, with a rent payment date of 15 of the month.  Am I right in thinking that the notice to leave has to be on the 15 of the month to co-incide with the rent payment date?  That is, I can't give them notice to leave on 30 March for example?

I understand I need to do this before 15 January.  Do I need to serve the notice in person or can I email the notice?

canaldumidi

No.

2 calender months (if Eng/Wales).

If the tenancy agreement states email is acceptable you can use email. If not, use the address of the property and either 1st class post (with proof of posting) or service in person at the address.

The above assumes an SPT. If it's a CPT then what does the tenancy agreement say?

Post 4: 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?

Note a S21 is not "notice to leave" it is notice that you might thereafter apply to a court for possession.

Slithery

Is this a SPT or a CPT?

If it's a SPT then you need to give 2 calendar months notice, tenancy date is irrelevant. If it's a CPT then it's whatever it says in the contract. Read...

Ending/renewing an AST

theartfullodger

AT LEAST 2 months from when served (usually later than when sent).

Thatcher's 1988 Housing Act states that a notice to quit has no effect in a periodic tenancy.  A section 21 is a notice of possible court action.

A section 21 notice , even if valid (many are not) does not end a tenancy nor compel a tenant to leave.

Assume 9-12 months to evict, if paperwork perfect.

Cheers! Artful, landlord since 2000

saajan_12

AskAsk said:

I would like to serve notice on my tenants, that I would be seeking to repossess the property on 15 March  - "on" 15 March as in you would start seeking by writing to the court on the 15th, not actually repossessing on the 15th.
as their contracts is currently periodic, with a rent payment date of 15 of the month.  - is it a CPT or SPT? If it says anything on the last fixed term contract about the notice after the fixed term, then you're on a CPT. 
Am I right in thinking that the notice to leave has to be on the 15 of the month to co-incide with the rent payment date?  - No if its a SPT, it can be 2 calendar months served any date. If its a CPT, then check your contract. 
That is, I can't give them notice to leave on 30 March for example?

I understand I need to do this before 15 January.  Do I need to serve the notice in person or can I email the notice? - depends on what your contract says about valid notice. Often first class post is allowed (no recorded delivery), and deemed served 2 working days later. 

Comments in line. Please clarify exactly what type of periodic tenancy. 

AskAsk

"If, at the end of this time, you want to continue the tenancy and you have not already received

from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly

contractual tenancy. You must give one month’s notice to end it. This notice must be given to

expire on a rent payment day.

This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act

1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the

property apply to this agreement. This means that you cannot claim any legal rights to stay on

once the tenancy has ended and a court order says you must leave. The landlord giving a

section 21 notice must give at least two months’ notice, in writing. For more information, you

should consult a Housing Advice Centre, solicitor or Citizens’ Advice Bureau who will tell you

what this means."

"If we need to serve any notice on you, we will deliver it by hand or send it to you by first-class post to the

property address. This means that notices are served on you once they are put through your letterbox,

even if you do not receive them because you have moved. If you give us another address to send

notices to, any notice will be validly served at that address, if it is posted by first-class post or left

at that address.

If you need to serve any notice on us, they must be delivered by hand or sent by post to the following

address."

Wording above.  Please advise.  Thanks.

canaldumidi

Seems very clear.

AskAsk said:

"If, at the end of this time, you want to continue the tenancy and you have not already received

from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly

contractual tenancy. (CPT) You must give one month’s notice to end it. This notice must be given to

expire on a rent payment day.

This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act

1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the

property apply to this agreement. This means that you cannot claim any legal rights to stay on

once the tenancy has ended and a court order says you must leave. The landlord giving a

section 21 notice must give at least two months’ notice, in writing. For more information, you

should consult a Housing Advice Centre, solicitor or Citizens’ Advice Bureau who will tell you

what this means."

"If we need to serve any notice on you, we will deliver it by hand or send it to you by first-class post to the

property address. This means that notices are served on you once they are put through your letterbox,

even if you do not receive them because you have moved. If you give us another address to send

notices to, any notice will be validly served at that address, if it is posted by first-class post or left

at that address.

If you need to serve any notice on us, they must be delivered by hand or sent by post to the following

address."

Wording above.  Please advise.  Thanks.

2 months. No mention of alighnment with tenancy periods.

AskAsk

canaldumidi said:

Seems very clear.

AskAsk said:

"If, at the end of this time, you want to continue the tenancy and you have not already received

from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly

contractual tenancy. (CPT) You must give one month’s notice to end it. This notice must be given to

expire on a rent payment day.

This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act

1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the

property apply to this agreement. This means that you cannot claim any legal rights to stay on

once the tenancy has ended and a court order says you must leave. The landlord giving a

section 21 notice must give at least two months’ notice, in writing. For more information, you

should consult a Housing Advice Centre, solicitor or Citizens’ Advice Bureau who will tell you

what this means."

"If we need to serve any notice on you, we will deliver it by hand or send it to you by first-class post to the

property address. This means that notices are served on you once they are put through your letterbox,

even if you do not receive them because you have moved. If you give us another address to send

notices to, any notice will be validly served at that address, if it is posted by first-class post or left

at that address.

If you need to serve any notice on us, they must be delivered by hand or sent by post to the following

address."

Wording above.  Please advise.  Thanks.

2 months. No mention of alighnment with tenancy periods.

looks like i need to send the S21 by post.  if i were to put it through the letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?  the photo on the phone would be date stamped?

Amixo3032

AskAsk said: looks like i need to send the S21 by post.  if i were to put it through the letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?  the photo on the phone would be date stamped?

If you need to do it via post then record yourself putting it into letterbox , 

if you have letting agent can’t you get them to serve it via email? 

martindow

Amixo3032 said:

AskAsk said: looks like i need to send the S21 by post.  if i were to put it through the letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?  the photo on the phone would be date stamped?

If you need to do it via post then record yourself putting it into letterbox , 

if you have letting agent can’t you get them to serve it via email? 

If posting it is much better to take the letter to a post office and ask them for a certificate of posting (which is free).  Notice is deemed to be received two working days after posting.

canaldumidi

Amixo3032 said:

AskAsk said: looks like i need to send the S21 by post.  if i were to put it through the letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?  the photo on the phone would be date stamped?

If you need to do it via post then record yourself putting it into letterbox , 

if you have letting agent can’t you get them to serve it via email? 

If posting, do not put it in a letterbox - take to post office and get 'proof of posting' (not 'signed for').

The tenancy agreement clearly says : "by hand or send it to you by first-class post"  so no, letting agent obviously cannot use email!

if i were to put it through the (property) letterbox, how would i get proof that i had done this on a certain day?  would taking a photo of the letter through the letterbox be enough proof?

Take a witness?

Take a photo holding that day's newspaper next the the letterbox as you push the letter through?