Section 21 valid date confusion?

Section 21 valid date confusion?

10:37 AM, 27th May 2022, About 3 months ago 13

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Can someone please help me to clarify a valid date to end a tenancy in section 21?

I have a standard AST tenancy which was created in 2013 for initial 12 months and then becomes a periodic tenancy. The tenancy starts on the 21st and ends on the 20th of next month. Two questions:

(1) I gave notice to the tenant at 1pm on 21st May to end the tenancy on 20 July, is this notice valid? I am not sure, as the date I served the notice was only half day, it was not clear 2 months notice?

(2) Can I just give the tenant a straight two months notice, but not end on a particular day, e.g. I serve a 2 months “notice to quit” to the tenant on 27 May (let’s assume I hand deliver to the tenant on the same day) and ask the tenant to move out after 28 July (giving tenant clear 2 months notice from 29th May to 28 July)? will this notice be valid? Or does the notice have to end on the 20th of the month? I heard about the “Spencer v. Taylor” case, but I am not sure about it.

Thank you in advance

Henry



Comments

Mark Crampton Smith

12:05 PM, 27th May 2022, About 3 months ago

Further information is required….. please confirm that there has been no rent increase since 2013… the initial agreement. Was the deposit registered within the timeframe and copies of R to R and all compliance certs as well as valid EPC received by the tenant at the time? Assuming no material changes to the original agreement then yes…I believe you can. As long as there are no outstanding serious maintenance issues you can serve notice with all the up-to-date prescribed forms and associated documents.

NewYorkie View Profile

12:30 PM, 27th May 2022, About 3 months ago

Reply to the comment left by Mark Crampton Smith at 27/05/2022 - 12:05
Can you please advise what the issue is that you've raised about 'rent increase'?

Simon F

13:16 PM, 27th May 2022, About 3 months ago

If rent is payable monthly on 21st, then it is best if notice says either 20th or 21st. I'd say you are okay with 20th on notice, but if the tenant queries it and says they think they should be allowed to move out on 21st without extra payment then simply agree to that without fuss. If, after they've looked for a new place, they tell you they can't get anywhere before August 1st then agree to the extra 1/3rd of a month with rent pro rata on condition they give you something in writing to say they are making arrangements to move out on August 1st. Be as reasonable as you can and keep good notes at every step.

Tim Tolhurst

16:01 PM, 27th May 2022, About 3 months ago

no rent increase since, all documents in place. just no sure I gave a notice to tenant at 1pm on 21 May and end on 20 July, is not clear 2 months and therefore may not be valid. Thanks

Suresh Parikh

17:58 PM, 27th May 2022, About 3 months ago

Some further questions, please:
If it is a periodic tenancy, is the notice period one or two months?
Does it matter when the notice is given?
Must it be given by the reference date of the commencement date of the AST?

Mark Crampton Smith

9:01 AM, 28th May 2022, About 3 months ago

Reply to the comment left by NewYorkie at 27/05/2022 - 12:30
A rent increase on a statutory periodic agreement technically constitutes a new agreement….. so all requisite documents should be made available to the tenant to prevent protracted legal battle should the tenant not vacate.

NewYorkie View Profile

9:32 AM, 28th May 2022, About 3 months ago

Reply to the comment left by Mark Crampton Smith at 28/05/2022 - 09:01
Ouch! I would imagine most LLs are in that position.

I increased the rent (via my agent) for the first time in my tenant's 4 year tenancy. I am considering a S21 because I want to sell, so I should check with my agent.

Graham Bowcock View Profile

13:45 PM, 28th May 2022, About 3 months ago

Reply to the comment left by Tim Tolhurst at 27/05/2022 - 16:01
Your notice is definitely not valid. You have not given the clear two months' notice that is required. You should re-serve to be sure of being able to rely on it.

Graham Bowcock View Profile

13:47 PM, 28th May 2022, About 3 months ago

Reply to the comment left by Suresh Parikh at 27/05/2022 - 17:58
The minimum notice period is always two months.

You cannot end the tenancy within the fixed term.

You need to establish if it's a statutory or contractual periodic to know if you need to us the term date. Best is to always use the term date.

Suresh Parikh

15:28 PM, 29th May 2022, About 3 months ago

Reply to the comment left by Graham Bowcock at 28/05/2022 - 13:47
Thank you.
Are you sure?
When prospective tenants ask me about Notice, I tell them the law regarding Notice is complex, but we will confine ourselves to this draft of the AST.
Is it "always two months"?
It is more complex than that, and I do not want to go into it now, unless somebody genuinely wants to discuss. They can look it up.
You can end the Fixed Term Tenancy, provided it lasts at least 6 months, and there is a break clause. In this case, the notice is indeed 2 months.
As to the reference date, I used to warn that it is the commencement date from which the rent is payable. The notice has to be "clear" notice, which means the date of service becomes important.
I do not remember the name of the case, but then it was held that a tenancy created at the end of the fixed term can be terminated by the appropriate notice which can be given at any time.
I should be grateful if I am wrong somebody can correct me, please.

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