kanrent Posted February 2, 2017 Report Share Posted February 2, 2017 hi i need to issue a section 21 (4)a periodic tenancy the original AST is dated 20 march payment day is 17 of each month can anyone tell me what dates i should put on the notice ? what would be the expiry date of this notice ? thanks for any help Link to comment Share on other sites More sharing options...
Mortitia Posted February 2, 2017 Report Share Posted February 2, 2017 You need to give us the full details such as tenancy start date with year. Are you sure the S21 4a is the right one? Go with the tenancy start date so 'possession is required after 21st of ............' 2 months notice. Link to comment Share on other sites More sharing options...
Grampa Posted February 2, 2017 Report Share Posted February 2, 2017 This is reason I say do not have a start date that differs to the payment date for the confusion it can cause when serving the S21(4)(A). The easiest way around this is to use a version of the s21(4)(a) that does not need a date added but has a the saving clause instead. You only need to sign it and add the date you served it. JOB DONE Link to comment Share on other sites More sharing options...
kanrent Posted February 3, 2017 Author Report Share Posted February 3, 2017 21 hours ago, Mortitia said: You need to give us the full details such as tenancy start date with year. Are you sure the S21 4a is the right one? Go with the tenancy start date so 'possession is required after 21st of ............' 2 months notice. ho mortitia the tenancy was for 11 months the start date was 20 march 2006 payment day was 17 of each month but tenant has been paying 2 weeks late ever since Link to comment Share on other sites More sharing options...
kanrent Posted February 3, 2017 Author Report Share Posted February 3, 2017 20 hours ago, Grampa said: This is reason I say do not have a start date that differs to the payment date for the confusion it can cause when serving the S21(4)(A). The easiest way around this is to use a version of the s21(4)(a) that does not need a date added but has a the saving clause instead. You only need to sign it and add the date you served it. JOB DONE hi granpa where can i get a copy of the version that does not need a date thanks Link to comment Share on other sites More sharing options...
Richlist Posted February 3, 2017 Report Share Posted February 3, 2017 * Are you in England or Wales ? * Is the tenancy an Assured Shorthold Tenancy ? * Was there a deposit paid, was it protected and was the prescribed information issued ? * Why was the tenancy for 11 months ?...it's normally 6 or 12 months. * Why is there a difference between the tenancy start date and the rent payment date ? Link to comment Share on other sites More sharing options...
kanrent Posted February 3, 2017 Author Report Share Posted February 3, 2017 On 2/2/2017 at 2:50 PM, Grampa said: This is reason I say do not have a start date that differs to the payment date for the confusion it can cause when serving the S21(4)(A). The easiest way around this is to use a version of the s21(4)(a) that does not need a date added but has a the saving clause instead. You only need to sign it and add the date you served it. JOB DONE hi granpa where can i get a copy of the version that does not need a date thanks Link to comment Share on other sites More sharing options...
kanrent Posted February 3, 2017 Author Report Share Posted February 3, 2017 im in england the deposit was returned it was for 11 month because at the time there was some rule about should be for under 1 year i cant remember what that rule was now too long ago just another nit picking regulation at the time Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 3, 2017 Report Share Posted February 3, 2017 I can't dig out the regulation right now. What is relevant is the period the rent is contracted to be paid for. Start dates and payment dates may well become irrelevant due to that. The main problem is judges are confused, as are many, by the ever changing and misquoted legislation, so if an appearance is required it makes sense to be able to quote the actual legislation being relied on. As Grampa, using a 'savings clause' should allow for a judge to decide on the date he / she believes to be applicable. I would be worth high lighting its presence in the court claim. What I have written into my contract is clarification as to what each rental period is, it is the same for each of my tenancies regardless of tenancy start date. Now though, after October 2015, we only need allow 2 months after service of S21, other dates are irrelevant. As long as we can demonstrate correct service the savings clause, and my clarification of a rental period, become irrelevant. I would serve your S21, with savings clause, and wait some time beyond the last date that may be seen by a judge as relevant, before proceeding with a court claim. It may not get that far. "After the expiry of this notice. Or the last day of a period of the tenancy next occurring following expiry of this notice. This notice expires AFTER: _________________" This is what use, it allows a judge to decide. Link to comment Share on other sites More sharing options...
kanrent Posted February 4, 2017 Author Report Share Posted February 4, 2017 the tenant has recently got married it means his new wife is not on the original tenancy agreement, should i include her name on the section 21 ? Link to comment Share on other sites More sharing options...
Mortitia Posted February 8, 2017 Report Share Posted February 8, 2017 No as she is has no tenancy unless you have taken rent money from her. Have you? Just put the name on the tenancy agreement on the S21 if you have only taken rent from him. Link to comment Share on other sites More sharing options...
Grampa Posted February 9, 2017 Report Share Posted February 9, 2017 21 hours ago, Mortitia said: No as she is has no tenancy unless you have taken rent money from her. Have you? Unless you have a well worded clause in your tenancy which covers for when you take monies from a third party. Link to comment Share on other sites More sharing options...
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