Section 21 (4) (a)
12:23 PM, 28th August 2014, 12 years ago
17
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I have served the above and I was wondering as there seems to be conflicting information… am I still able to accept rent during the two month notice period?
Thanks 
Peppy Donnelly
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Tenancy dates .....
Member Since January 2011 - Comments: 12196 - Articles: 1397
12:25 PM, 28th August 2014, About 12 years ago
Hi Peppy
Yes you are 🙂
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Member Since August 2014 - Comments: 7
12:31 PM, 28th August 2014, About 12 years ago
Thanks for the quick reply. What happens after the notice period if the tenant doesn’t move out, i.e. If I accept rent am I entering into a new tenancy agreement?
Thanks
Member Since January 2011 - Comments: 12196 - Articles: 1397
12:38 PM, 28th August 2014, About 12 years ago
Reply to the comment left by “Peppy ” at “28/08/2014 – 12:31“:
Once the notice period has expired you may apply to the Courts for a possession order and begin charging and accruing if necessary, “mesne profits”, i.e. double rent. For more information please see >>> https://www.property118.com/mesne-profit-can-it-protect-a-hmo-landlord/61664/
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Member Since August 2013 - Comments: 883
1:46 PM, 28th August 2014, About 12 years ago
A s.21 notice has no effect on the tenancy, which therefore continues even after the notice has expired.
As such rent continues to become due as usual and there is no legal issue in accepting it.
‘Double rent’ only applies if the tenant himself ends the tenancy by serving a notice to quit but does not vacate on expiry.
Member Since August 2014 - Comments: 7
3:00 PM, 28th August 2014, About 12 years ago
Thank you both this is very helpful. I am hoping that there will be no issue with the tenant vacating. However if rent is not paid in the meantime is that when I would have to start a claim? What would I need to do?
Member Since January 2011 - Comments: 12196 - Articles: 1397
6:41 PM, 28th August 2014, About 12 years ago
Reply to the comment left by “Peppy ” at “28/08/2014 – 15:00“:
Hi Peppy
If they don’t pay please read the following discussion thread – link >>> https://www.property118.com/good-debt-recovery-agent/44679/
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Member Since August 2014 - Comments: 7
10:15 PM, 29th August 2014, About 12 years ago
I have served the above notice via Royal Mail special delivery and I have also sent it through email to the tenant. I have checked the tracking for the letter and it has not been delivered to the address as there was no one in to sign for it. Where do I stand with this. I have been in contact with the tenant and let them know that they have to move out and given them the two month date.
I am a bit worried!?
Member Since January 2011 - Comments: 12196 - Articles: 1397
11:39 PM, 29th August 2014, About 12 years ago
Reply to the comment left by “Peppy ” at “29/08/2014 – 22:15“:
That is the problem with sending special or recorded delivery. The best way is to deliver by hand with a witness recording. Failing this, send more than one separate copies with proof of posting from more than one separate post offices.
I recommend you to re-serve.
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Member Since September 2016 - Comments: 2533 - Articles: 73
9:58 AM, 30th August 2014, About 12 years ago
Hi Peppy. We’ve done this loads of times and we always just get a proof of postage and staple it to a copy of the notice we’ve served for the judge to see if necessary. We have never had a problem with this. We learnt years ago that proof of postage is better than recorded delivery for most of our important correspondence and it is accepted by the courts.
Member Since January 2011 - Comments: 12196 - Articles: 1397
10:08 AM, 30th August 2014, About 12 years ago
Hi Peppy
Also note that you no longer need to observe the dates as previously thought. Any two month period is fine these days using section 21 (1) (b), even if the tenancy is now periodic, following the Court of Appeal ruling in Spencer vs Taylor which was subsequently refused permission to appeal to the Supreme Court.
For more details please see >>> https://www.property118.com/section-21-update-spencer-v-taylor/67374/
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