Section 21 question on dates?

by Readers Question

9:49 AM, 20th November 2015
About 3 years ago

Section 21 question on dates?

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Section 21 question on dates?

A little advice requested on if Section 21 is legal regarding the date.dates

The original AST commencement date was the 2nd of April 2000 and expiration date 2nd April 2001.

However the rent due date is the 8th of each month.

Question is can the S21 be served on the 3rd of expiration date or 9th after rent due date?

Ashley



Comments

Neil Patterson

10:07 AM, 20th November 2015
About 3 years ago

Some Questions and Answers on this subject from our article by the Sheriffs Office >> http://www.property118.com/q-and-a-for-deregulation-act-2015/82396/

Is it still the case that a section 21 notice can end on any date provided you have given at least 2 months and you are not in the fixed term, whether periodic or not?

Yes. Also 2 months can be given in the last 2 months of the fixed term. But make sure you allow the different time periods for different modes of service before you calculate the 2 months.

Does the six month expiry apply to old section 21 notices?

The six month expiry only applies to Section 21 Notices that are served in order to end assured shorthold tenancies which started after 1st October 2015.

In light of the impact disrepair allegations can now have on s21 notices, how can landlords best handle spurious and repeated disrepair claims designed to delay and/or thwart the possession claim?

Not easily. That is the problem with the legislation. The MPs were aware of it at the time, and yet a simplistic idea of all landlords as bad people and all tenants as victims appears to have triumphed over common sense. You can cover yourself by keeping good records of all correspondence with the tenant(s), the exact work done (emails, receipts and invoices), and clear and precise notes on dates and times. These things give a landlord the evidence to be able to refute a tenant’s allegations.

Will any property complaint act as a delay to evict a tenant, or does it have to be a specific health & safety related one? And what proof is required?

Presumably only a property complaint about health and safety, but since disrepair issues will cross over into health and safety issues, the complaint can probably cover a broad range of issues. Again, it is important to keep good records of all correspondence with the tenant(s) with clear and precise notes on dates and times.

If a tenant stops paying rent in first 4 months of an AST, can a landlord still not serve notice and evict, even if there are no property complaints?

You cannot serve a section 21 but there is no restriction on serving a Section 8 Notice as soon as the tenant is more than 2 months or 8 weeks in arrears. We have been involved in possession claims where the tenant has never paid a penny.

Neil Patterson

10:09 AM, 20th November 2015
About 3 years ago

Maybe Romain can help with this too please.

Romain Garcin

10:41 AM, 20th November 2015
About 3 years ago

Hi Ashley,

The rent due date is not relevant.

As the current periodic tenancy was preceded by a fixed term tenancy the notice may expire on any day as long as it gives at least 2 months notice.

If you wish to avoid any argument, you could still have the notice expire at the end of a tenancy period (must use following wording: "after ").
Assuming the tenancy is monthly periodic and started on the 3rd April 2001 (are you sure the fixed term ended on the 2nd?) then that date must be the 2nd of a month, still giving at least 2 months notice.

Rob Crawford

16:42 PM, 20th November 2015
About 3 years ago

I agree with Romaine, under the new rules even if using the old S21, you can give two months notice from any date. The change was based on a recent court case president.

Rob Crawford

16:46 PM, 20th November 2015
About 3 years ago

I agree with Romaine, under the new rules even if using the old S21, you can give two months notice from any date. The change was based on a recent court case (Spencer v Taylor) president. This assumes a periodic tenancy. Whether a clause to the contrary in your AST could undermine this is arguable! Thoughts?


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