Receiving a section 21(1)b

Receiving a section 21(1)b

9:12 AM, 22nd January 2014, About 7 years ago 28

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My daughters landlord has served her with a section 21(1)b Notice to quit as they are selling the house.

Her fixed six month tenancy ends on the 8th of February 2014 so the notice has been issued during the fixed term.

The notice was dated 19th Jan and delivered on the evening of the 21st Jan through the letterbox. Recieving a section 21(1)b

The section 21(1)b notice states that possession is required by the 21st of March 2014?

The question I would like to ask is, as her fixed tenancy started on the 9th of the month and therefore ends on the 8th of the month shouldn’t the landlord have dated the required possession date as being the 8th of April (rent payable monthly in advance).

Also as the tenancy will be periodic from the 9th of Feb shouldn’t he have issued a Section21(4)a instead of the section
21(1)b

Many thanks

Annette Tolley



Comments

by Tony McVey

14:05 PM, 25th January 2014, About 7 years ago

Any s.21 notice must expire either on the
last day of the tenancy or on the last day of
a period of the tenancy, subject of course to
the two month rule.

by Romain Garcin

14:07 PM, 25th January 2014, About 7 years ago

Reply to the comment left by "Tony McVey" at "25/01/2014 - 14:05":

Notices under s.21(1)(b) are not required to expire on last day of a period.

by Tony McVey

14:20 PM, 25th January 2014, About 7 years ago

Then what does s.21(4)(a) of the Act mean?

by Romain Garcin

14:46 PM, 25th January 2014, About 7 years ago

Reply to the comment left by "Tony McVey" at "25/01/2014 - 14:20":

There are 2 types of s.21 notices, which follow 2 distinct sets of requirements. One type and set of requirements is under s.21(1), the other is under s.21(4).

by Tony McVey

15:48 PM, 25th January 2014, About 7 years ago

s.21(4)(a)

by Mark Alexander

18:28 PM, 25th January 2014, About 7 years ago

Please see very recent case law on s21's >>> http://www.property118.com/spencer-vs-taylor-section-21-notice/61505/
.

by Industry Observer

9:37 AM, 26th January 2014, About 7 years ago

My word there are a lot of dangerous comments being posted here and many errors in them.

I have asked Mark to repost his opening comment, then I will comment in detail.

BHut one thing is certain - the notice is invalid. Romain is almost right but the delivery on 21st means the clock started ticking on the 23rd so two months would be 22nd.

It is ALWAYS extremely dangerous to try and cut it very tight on notice dates, always vulnerable to challenge and often invalid. To allow for working days, avoid bank holidays etc, ALWAYS unless completely and utterly desperate, add on 7 DAYS for service, it is best and safest practice.

Better very safe than very sorry as this Landlord will be

by Industry Observer

9:57 AM, 26th January 2014, About 7 years ago

Romain @13:56 on 25th

Absolutely right

BUT and it is a very big BUT, no-one is yet sure given Spencer v Taylor whether if a new s21(1) is served after the AST has gone periodic because there isn't already one on the file served during the fixed term, whether in that instance the s21(1) has to follow the same original dating rules for a s21(4) i.e. hit last day of a rent period.

No-one knows for sure and some are of the opinion that local Judges who are easily confused anyway might well throw out a notice seeking to terminate a periodic tenancy and served when periodic if it does not carry the last day of cycle date.

by Neil Robb

10:20 AM, 26th January 2014, About 7 years ago

What amazes me is the tenancy was for six month the tenant has been asked to leave. Yet the tenants mother wants to find every little detail not for the daughter to leave as asked. Just a thought what if the landlord is trying to avoid repossession or has other difficulties.

Every land lord knows the importance of a good credit rating. But some tenants think its great not to pay rent. Leaving them to pay mortgage's and other costs

the law should be simplified.

If a tenant is asked to leave at a certain date and refuses it should a criminal offence for them.
If a landlord has to go to court to obtain his property back there should be a max time limit on how long it is allowed to drag on.
When people rent it is because of there own personal choice or circumstances yet all we see is the law being abused to the maximum by both bad tenants and bad landlords. Leaving decent ones with huge problems.

If you hire a car for a period of time and find you still need the use after the time period agreed and you refused to give it back the police would arrest you for theft. Do this with a far more expensive house and its not a criminal matter.

As seen on this thread there is an huge amount of experience yet we still can not agreed with each other.

If it was less complicated it would be better for everyone, tenants' would know they can not pay rent and stay in a property. Landlords would know the have to stand by there agreements.

by Industry Observer

10:39 AM, 26th January 2014, About 7 years ago

Neil it isn't a matter of agreeing with each other it is a matter of listening to those who are right and not arguing or debating!! And I do not mean you personally!!

Mark makes a very good point in his third paragraph opening post the tenant does not need to give any notice to leave on the last day - or earlier but pay up to last day. Be careful though - I don't think Mark insinuates this but just because a tenant has been given notice doesn't then mean they can turn round and walk away earlier without penalty.

Tenants sometimes think thay can do this vacating as soon as they find alternative accommodation


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