Section 21 Valid or Not?
I have served a Section 21 with the required two months notice in belief that it was on a standard 6 month Assured Shorthold Tenancy.
I have now found out the contract states ’12 months certain commending (date) ending on (date) and any period of holding over or extension or continuance by Statue or Common Law.
1. What does this mean – should I have given more than the two months notice?
2. If so, can I retract/cancel the current S21 and just issue another one now giving the correct notice?
3. While I do not have to give a reason for issuing it, if it is specifically related to the way the tenant is causing the property to degrade due to her not keeping to her tenant responsibilities (ie negligence) as outlined in her TA, could I not use that as evidence for issuing it with two months even if it was supposed to be a longer period?
ANY advice welcome – this is stressful!
Reluctant Landlord
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Member Since February 2011 - Comments: 3453 - Articles: 286
2:25 PM, 24th October 2019, About 6 years ago
Hi Reluctant,
I assume you are using an agent or you would know if you have a 6 or 12 month AST?
If the tenant is only 6 months into a 12 month AST you cannot evict under a S21 until the term has run. If it is outside the fixed period then conditions depending the 2 months notice will normally be the same.
If you are using an agent I would let them handle it.
Member Since September 2018 - Comments: 3508 - Articles: 5
2:44 PM, 24th October 2019, About 6 years ago
Reply to the comment left by Neil Patterson at 24/10/2019 – 14:25
Hi Neil. Had an agent set up the initial contract yes (see above for exact wording). The tenant is well past the initial 12 months period (now in year 7!) but we have issues hence the S21 question. I assume once the initial tenancy period has passed (which it has), I can issue a S21 with the two months notice? I am worried 2 months notice is only for 6 months contracts and it must be longer if their initial contract said 12 months????
Member Since February 2011 - Comments: 3453 - Articles: 286
4:05 PM, 24th October 2019, About 6 years ago
Theoretically without seeing the AST then only the fixed term is different.
Member Since April 2014 - Comments: 985 - Articles: 2
11:38 AM, 25th October 2019, About 6 years ago
Hi RL, is the “commencing” and “end date” stated? Assuming 12 months, it appears the tenancy has rolled over under “statute” law periodic (as opposed to the now recommended “contractual” periodic basis). Assuming the rent payment period is monthly and the fixed term has expired, you can serve a section 21 notice (two months). to expire after the fixed term. This can be 6, 12 or any number of months). As this is an old pre 2015 agreement you need to check that you have satisfied more current deposit, gas safe, Gov’t rent guide requirements that may be applicable. You can withdraw a section 21 at any time or resubmit another. I would suggest you consult with one of the professional companies providing eviction services. Things could become much more complicated!
Member Since May 2016 - Comments: 1570 - Articles: 16
10:33 PM, 28th October 2019, About 6 years ago
Reply to the comment left by WP at 24/10/2019 – 14:44
You have been incorrectly advised. You can’t issue a Form 6A Section 21 until after 4 months and it only lasts 6 months from issue.
On the subject of ” issue[s] ” if you feel you have some, take specialist advice
( Possession Friend.uk ) as the cost of getting it wrong and the complexities around Section 21 need to be fully understood, as the Government have been making it harder to evict using Section 21 for over 4 years !