S21 expiry date?

S21 expiry date?

0:01 AM, 13th November 2023, About 11 months ago 5

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Hello, Can Property118 readers please help. The rules seem to have changed for what date to put for a S21 expiry date.

The tenancy is a rolling contractual periodic tenancy which originally started in 2021. Do I have to give the 2 months’ notice to the end of the monthly rental period date or can it be any date I choose i.e. straight away?

Any help would be greatly appreciated,

Tim


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RoseD

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10:51 AM, 13th November 2023, About 11 months ago

Hi Tim
Changed in what way? You give two months notice that is in line with date the rent is paid. So if rent is paid on 10th of the month you'd need to serve notice of two months in line with the 10th but giving as much pre notice as possible if you onside with your tenant. Presumably you will have already given verbal notice of your intentions so this doesn't come as a complete shock unless of course there are other reasons to evict!

DPT

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11:00 AM, 13th November 2023, About 11 months ago

Yes, it changed with the Deregulation Act. You only need to give a bare 2 months notice, which no longer needs to expire at the end of a tenancy period. That's assuming you haven't contracted to provide something else in your tenancy agreement.

Judith Wordsworth

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13:23 PM, 13th November 2023, About 11 months ago

Depending on what type of periodic tenancy ie Contractual or Statutory the expiry date for the minimum 2 months notice is different.

What does your tenancy agreement state?

Contractual periodic tenancy is when both the landlord and tenant agree that at the end of the fixed tenancy it will then become a periodic tenancy. It is not naturally ‘rolling on’ but has been pre-agreed and is written in the tenancy agreement. Contractual periodic tenancies are not new or subsequent tenancies. The notice period for ending a contractual periodic tenancy is the same as for an assured shorthold tenancy (AST) ie 2 months and the expiry date is the date at the end of a rent period eg rent started 9th July so expiry date is 8th September.

Statutory periodic tenancy is when nothing is agreed upon prior, and a shorthold tenancy agreement automatically turns into a statutory periodic tenancy. Section 5 of the Housing Act 1988 steps in to create a NEW tenancy. So did you serve all the tenancy documentation again at the commencement of this ne tenancy? Important for the service of a s21 notice.

Landlords have to check at the start of the new tenancy to make sure they have served any updates on their tenants for statutory periodic tenancies. If not, they won't be able to successfully serve a section 21 notice.
The notice period for ending a statutory periodic tenancy is minimum of two months or can be more so expiry date for s21 depends on how much notice you are giving.

DPT

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11:07 AM, 14th November 2023, About 11 months ago

Reply to the comment left by Judith Wordsworth at 13/11/2023 - 13:23
Judith, see s35 of the Deregulation Act 2015 - "In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.”

Timmo

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11:07 AM, 17th November 2023, About 11 months ago

Thanks for your comments on the S21 notice dates. I must say there seems to be total confusion with this issue so thanks to David who seems to know the change that was made in 2015.

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