Section 21 notice date – Will it be thrown out by the courts?

by Readers Question

8:31 AM, 1st September 2017
About A year ago

Section 21 notice date – Will it be thrown out by the courts?

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Section 21 notice date – Will it be thrown out by the courts?

I have an AST created on 15/06/2016 for a 12 month period where rent is paid monthly on the 15th of the month.

I have given a Section 21 notice (Form 6A) on 05/04/2017 with a notice date of 16/06/2017.

As this date is not technically ‘the last day of a period of the tenancy’ I am concerned that it might be be thrown out by the Courts.

Am I right to be concerned?

Is there anything I can do?

Many thanks

Mo



Comments

Tessa Shepperson

8:51 AM, 1st September 2017
About A year ago

You should be all right - on the date point anyway. In the case of Spencer v. Taylor the court held that a s21(1) notice where you just have to give two months notice and don't have to give the last day of the tenancy can be served during a periodic tenancy too - rather than just during the fixed term as we had all previously thought.

Problems about s21 notices now tend to be more issues relating to deposit protection or, for tenancies/renewals which started on or after 1 October 2015, the new Deregulation act pre-requisites I discuss here https://www.property118.com/section-21-new-pre-conditions/.

Romain Garcin

9:25 AM, 1st September 2017
About A year ago

Hi Mo,

There was never any requirement for a s.21 notice served during a fixed term tenancy to expire on the last day of that tenancy.

Such notice has always been allowed to expire on any date so you're fine regarding the expiry date.

Rob Crawford

15:14 PM, 2nd September 2017
About A year ago

Hi Mo, as above - you'll be ok on this basis. If the tenants vacate you won't need to go to Court. If the tenants stay put and you end up in court then its worth noting Tesa's case precedent in case you have a judge who needs guidance! Also consider any potential delay tactics that the tenant may present to the Court relating to deposits protection, maintenance issues, prescribed information, gas safe cert, Gov't Tenancy Guide etc). Go armed with proof that you are compliant on all points. Hopefully it won't come to that.


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