Section21 1 b notice served in 2013

by Readers Question

10:54 AM, 15th December 2015
About 5 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


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Comments

Adrian Francis

12:43 PM, 16th December 2015
About 5 years ago

Reply to the comment left by "Jan Martin" at "16/12/2015 - 12:21":

The commencement date is 22/04/15, for a 12 month tenancy.

Carole Sizz

14:02 PM, 16th December 2015
About 5 years ago

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

Thanks to everyone who has contributed to my query.

Gareth - the tenancy started on 1 June 2013 and the deposit was protected with the DPS and prescribed information served in the same month. The Section 21 (1) (b) was issued on 29 August 2013 requesting possession after 1 December 2013. However, at the end of the fixed term, having read an article which said that, in order to ensure full compliance the prescribed information should be re-served within 30 days of each renewal or the creation of a statutory periodic tenancy, I served further prescribed information documents on 1 November 2013.

Carole Sizz

14:13 PM, 16th December 2015
About 5 years ago

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

Hi again - after looking through my file of papers, I sent a letter with the possession notice stating that we would not be enforcing the notice unless our tenant decided to end the tenancy or the terms of the contract were not upheld - have I shot myself in the foot????

Gareth Archer

15:03 PM, 16th December 2015
About 5 years ago

Reply to the comment left by "Carole Sizz" at "16/12/2015 - 14:02":

Carole, is your reference to re-serving P.I. on 1 November 2015 correct? Do you mean 1 December 2015, when the tenancy became periodic? Either way it doesn't make any difference as you have protected the deposit initially and the fixed term was still running at the time of service of the Notice.

Gareth Archer

15:12 PM, 16th December 2015
About 5 years ago

Reply to the comment left by "Adrian Francis" at "16/12/2015 - 12:43":

Adrian- Based on a 12 month fixed term running from 22/4/15 to 21/4/16 then provided you serve a notice before expiry of the fixed term (and the deposit provisions have been complied with) then you can use a Section 21(1) form and give 2 clear months notice without there being need to end it on a specific date.

Saying that, I would ordinarily serve a Section 21(1) notice to end "after" the last day of the fixed term which you can do here provided you ensure the notice is served before 21st February 2016.

Adrian Francis

15:44 PM, 16th December 2015
About 5 years ago

Reply to the comment left by "Gareth Archer" at "16/12/2015 - 15:12":

Thank you Gareth, Merry Christmas :o)

Jan Martin

16:18 PM, 16th December 2015
About 5 years ago

Reply to the comment left by "Adrian Francis" at "16/12/2015 - 15:44":

Just got back to my computer and found Gareth has beaten me to it .

I would like to add that it is not wise to post the section 21 but deliver by hand with an independent witness.
Notice is considered served the next working day when put through letterbox.

All the best .

Adrian Francis

16:22 PM, 16th December 2015
About 5 years ago

Reply to the comment left by "Jan Martin" at "16/12/2015 - 16:18":

Merry Christmas Jan :o)

Carole Sizz

12:48 PM, 19th December 2015
About 5 years ago

Reply to the comment left by "Gareth Archer" at "16/12/2015 - 15:03":

Hi again Gareth - thanks for your advice but in view of what I wrote in a letter to the tenant (my last comment) about not enforcing the notice, do you think it best for me to serve a further Section 21 should I need possession at some future date?

Gareth Archer

15:04 PM, 21st December 2015
About 5 years ago

Reply to the comment left by "Carole Sizz" at "19/12/2015 - 12:48":

Carole- How quickly are you wanting possession? If you are in no rush then you may wish to serve a new notice so as to at least avoid the argument (in front of the Court) from the tenant that the notice was conditional. If you want to seek possession sooner rather than later then please feel free to contact me and provide me with a copy of the letter you sent to the tenant with the notice.

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