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Section 21 what are the correct dates?


Liz14

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I am at a loss to fully understand the correct dates for a Section 21.  Rent date is 9th of the month.  Went to court after tenant refused to move out owing 3 months rent.   Section 21 dates were:   Section 21 dated 11th September 2015- date of expiry of notice 10th November 2015.  Possession sought after expiry of notice.  

Where did we go wrong?  

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It appears you served the notice on the 11th Sept which I am assuming is the rent due day and the start of another monthly period. If you wanted the 2 months notice to start from the 11th Sept and end on the 10th Nov you should have served and dated the notice at least 3-4 days prior to the 11th of Sept to allow for service/post etc.

Serving it on the 11th means you have entered another month and therefore the 2 months should have ended on 10th Dec.

Hope that makes sense. 

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Many thanks for replying to my topic.  As I now understand it I have to give notice before the rent due date.  We have now issued another Section 21 together with a Section 8.  This tenant is now 4 months in arrears.  We are at the very least hoping that she will bring her arrears to below 2 months, thereby invalidating the Section 8.  

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If posted allow 3 clear days 'for service'. Your method of posting can be important also.

You've to consider that them Judges are looking for any reason to give the T's the benefit.

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If the tenant is getting or may be getting some HB write to the council explaining they are more than 8 weeks/2 months in arrears and under regulation 95 you require all further HB payments are paid directly to you as the landlord. 

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