Section21 1 b notice served in 2013

by Readers Question

10:54 AM, 15th December 2015
About 3 years ago

Section21 1 b notice served in 2013

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Section21 1 b notice served in 2013

We would very much appreciate the benefit of your advice. Our tenant has been in the property since 1 June 2013 but, because of problems with the previous tenant, we served a Section 21 (1) (b) notice on 29 August 2013 requiring possession on 1 December 2013 simply to safeguard our position. notice

After six months the tenancy changed to periodic. We are now thinking of selling the property and would ideally like to sell it as a buy to let so that the tenant can stay on.

If however, this is unsuccessful and we put it on the open market, do we have to serve a further two months notice on our tenant and, if so, what part of Section 21 would this fall under.

Many thanks

Carole



Comments

Anthony Endsor

12:43 PM, 15th December 2015
About 3 years ago

As this is now a periodic tenancy, you would have to serve a section 21 4a notice, rather than the 1b previously served.
In any case I would think a notice would expire after 12 months, so the previous one wouldn't be valid now anyway.

Michael Barnes

19:42 PM, 15th December 2015
About 3 years ago

There are not different notices to serve; there are different conditions under which S21 notice can be served: one where the tenancy is in the fixed term when the notice is served and the other where the tenancy is periodic when served..

There is no expry date on a S21 notice in your case. Tenancies that started after 1 Oct this year (I think is the correct date) have a life of 6 months.

If your notice was correctly served, then it is still valid.

HOWEVER, you say requiring possession on 1 December 2013. If this is what the S21 notice said, then it is invalid. It needs to say "after date".
If it said "after 30 November 2013" or some later date, then it will be OK.

Mark Alexander

21:37 PM, 15th December 2015
About 3 years ago

I am not at all convinced about the quality of the advice given above.

I think your old notice is no longer valid due to recent changes in legislation.

I believe you will need to serve notice again.

I suggest you call Landlord Action or a specialist solicitor or barrister to be certain.
.

Michael Barnes

22:42 PM, 15th December 2015
About 3 years ago

Reply to the comment left by "Mark Alexander" at "15/12/2015 - 21:37":

If you are referring to the deregulation act, then I believe that section 41 says that time limits do not apply to 'older' tenancies yet, but I am happy to be educated.

If it is some other legislation that I have missed, then please advise so that I can update my legal model.

Romain Garcin

9:13 AM, 16th December 2015
About 3 years ago

The changes under the Deregulation Act indeed only apply to tenancies that began from the 1st October onward.

From what Carole wrote, the notice should still be valid.

If a new notice is served then complying with s.21(1) would be sufficient though the belt and braces approach would of course be to comply with s.21(4).

Gareth Archer

10:09 AM, 16th December 2015
About 3 years ago

I agree with Michael. Subject to the Section 21 Notice being validly completed and served then the Notice remains live and you are able to rely on the same to issue possession proceedings.

As the Notice was served within the fixed term, it is not necessary to have the end date as showing "after 30 November". Provided 2 clear months notice was given following service, the notice does not need to expire on a particular day.

The only other matter to address will be to check that any deposit was protected in an authorised scheme in time and prescribed information served as required prior to service of the Notice.

Mark Alexander

10:18 AM, 16th December 2015
About 3 years ago

Reply to the comment left by "Romain Garcin" at "16/12/2015 - 09:13":

I stand corrected, thank you and apologies to those I doubted.
.

Michael Barnes

10:18 AM, 16th December 2015
About 3 years ago

Reply to the comment left by "Gareth Archer" at "16/12/2015 - 10:09":

You are right.

I wrote from memory.

Having revisited the 1988 Act I see that there is no requirement for "after" when notice is served during the fixed term

Adrian Francis

10:55 AM, 16th December 2015
About 3 years ago

Reply to the comment left by "Gareth Archer" at "16/12/2015 - 10:09":

Hi Gareth,

May I ask which Section 21 form I should use to serve to tenants within a 12 month fixed term period and, which correct date(s) do I enter on the form? I need to gain repossession at the end of the 12 month fixed period. I understand that the correct dates are crucial?

Jan Martin

12:21 PM, 16th December 2015
About 3 years ago

Reply to the comment left by "Adrian Francis" at "16/12/2015 - 10:55":

What are the dates on your contract.

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