Section 21 (4) (a)

Section 21 (4) (a)

12:23 PM, 28th August 2014, About 9 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 Section 21 (4) (a)

Peppy Donnelly


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Comments

Peppy Donnelly

11:02 AM, 30th August 2014, About 9 years ago

If I serve it again so I have to change the dates? Can I just send the original one?

Mark Alexander - Founder of Property118

11:17 AM, 30th August 2014, About 9 years ago

Reply to the comment left by "Peppy " at "30/08/2014 - 11:02":

You would need to change the dates because you know the document was not served.

Two months notice is the minimum, it can be much more if you wish. If you are serving by post I recommend your notice is for at least 2 months and 2 days to allow time for delivery.

Always better to err on the side of caution.

My family strategy is to serve section 21 early into the tenancy on the basis that they never expire. We then explain to our tenants (verbally) that we will not enforce the section 21 without good cause. We also offer them a Deed of Assurance - see >>> http://www.property118.com/deed-of-assurance-1/32440/

I hope this helps, if not immediately, certainly for the future 🙂
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Peppy Donnelly

13:10 PM, 30th August 2014, About 9 years ago

Thank you. I have contacted my tenant through text to say about the posted notice and they have said they will pick up the letter from the post office. I also asked if they had received the email version of the notice which they said they did. Does this class as served? I have sent it with a four day window.

Thanks.

Mark Alexander - Founder of Property118

14:55 PM, 30th August 2014, About 9 years ago

Reply to the comment left by "Peppy " at "30/08/2014 - 13:10":

If they responded by text or email to confirm this then it's good evidence but still up to a judge to make a decision. How long ago did you serve the section 21?

If I was you I think I'd re-serve to be sure.
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Peppy Donnelly

16:21 PM, 30th August 2014, About 9 years ago

I served it on 27th and move out date is 31st of October.

Rob Crawford

19:30 PM, 30th August 2014, About 9 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2014 - 10:08":

Hi Mark, if within the AST it defines the commencement date for any notice served for repossession as previously understood before Spencer V Taylor, I would stick to that understanding.

Peppy Donnelly

12:05 PM, 9th September 2014, About 8 years ago

Just wondering, I have had no rent now for two months do I still have to give the tenant until the end of the notice period? It is very frustrating!!!! I know I probably do but could someone enlighten me as to the process after they have moved out to recoup my rent payments?

Thanks

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