Why issue a section 21 as soon as deposit is protected?

[Dave A]

I've heard a lot of landlords say that they do this, and i hope it hasn't already been done to death on here, but why?

Dave

[Richlist]

1. Because the S21 isn't valid unless the deposit is proteced first.

2. Doing it at the start of the tenancy OR when the tenant is signing the other documents is an IDEAL time to serve the notice & have the tenant countersign so the landlord has proof its been served. Trying to do it later,often incorrectly, often not served properly etc is prone to errors.

[Mortitia]

I've not heard a lot of landlords say this myself but here are the facts on Section 21.

1. If you let a property on a 6 month Assured Shorthold Tenancy (AST) that term has to expire before the tenant is legally 'out of contract'. He/she has to pay rent for that 6 month term no matter what . It is usually referred to as the 'fixed period' or 'term certain' Immediately the 6 months is up the tenant can walk away with no notice what so ever and no penalty.

2. If a landlord wants possession of the property at the end of the 6 months he has to issue a Section 21 b notice under the Housing Act 1988. This has to give the tenant at least 2 months clear notice that the landlord requires the property back. So, say a 6 month tenancy starts on 6 January 2013 the end date will be midnight on 5 July 2013. If the tenant stays more than 1 second after that the tenancy becomes 'periodic'. The latest a landlord could serve the Section 21 b is 3rd May (allowing 2 days for post). The landlord will need to show proof of service and it is recommended that service is done twice by posting 1 st class (not registered) from 2 separate post offices and 'proof of posting certificates' kept.

A Section 21 b is not valid if the deposit is not protected nor the prescribed information supplied to the tenant(s). ( Dave I think this is the bit you mean.)

A Section 21 b cannot be issued on the same date as the tenancy starts.

A Section 21 a (used when a tenancy is periodic) or b notice must state 'the landlord requires possession after 5 May 2013 ( as in my illustration).

Does that help? I'm sure others will pick up if I have left anything out or worse still got it wrong!

[Mortitia]

Richlist - Non issuing of the 'prescribed information' will also invalidate a S21 - to combat this I make tenants sign a receipt for it now.

[Grampa]

2. If a landlord wants possession of the property at the end of the 6 months he has to issue a Section 21 b notice under the Housing Act 1988. This has to give the tenant at least 2 months clear notice that the landlord requires the property back. So, say a 6 month tenancy starts on 6 January 2013 the end date will be midnight on 5 July 2013. If the tenant stays more than 1 second after that the tenancy becomes 'periodic'. The latest a landlord could serve the Section 21 b is 3rd May (allowing 2 days for post). The landlord will need to show proof of service and it is recommended that service is done twice by posting 1 st class (not registered) from 2 separate post offices and 'proof of posting certificates' kept.

Does that help? I'm sure others will pick up if I have left anything out or worse still got it wrong!

A s21(1)( can be served at any time during the fixed period (as mentioned not a good idea to do it on the same day and the tenancy start day as a tenant could argue it was signed before the contract and therefore invalid)

As long as the 2 months notice starts before the end of the fixed period is doesnt matter if it ends into the periodic period and it doesnt need to end on the last day of the fixed period.

Though a lot of landlords and agents like to serve a s21 at start of the tenancy I dont. The reason being is I think it loses it effect (though still valid) Normally when I serve one it is to give a tenant a kick up the backside to toe the line over something. If you have been trying to get a tenant to do something (or not) a recorded delivery plus a proof of service copy as well in big red letters giving 2 months notice is a shock to the tenants system.

[Dave A]

It was more of general query why do it at all. I'm probably sounding naive and missing something very obvious.

Dave

[Carryon Regardless]

Why do it ?

In my opinion when you want them out.

I think I'm going to confuse things a little here but remember this is my way and not 'only' based on the legislation.

As Grampa I serve sometimes to kick 'em up the rump and wake up to the fact that I want rent. BUT be cautious with this one as if it can be perceived that the S21 has any condition attached it is invalid. That is if it can be seen that you don't intend to repossess if the T's pay up the S21 clearly has a condition attached.

As stated, when I serve I always serve by 2 methods. As said by certificate of post (I aim for 3 clear days post time), and by hand through the box or in their hand. Never by recorded as if they know they won't accept, or be out and not collect from the P.O. no signature then and no service. We don't need their signature for service, it's just nice to have.

I recognise the advantage of serving the S21 once the contract is in place i.e at the start of the tenancy, and I used to. Where 'I' see issue with this is that you have served the notice on the T and many will see that as being no need to inform you of their intended departure some time in the future. As you have served notice many won't see a reason that they should, after all the 'notice' has been served.

Another down side to serving the S21, on nice T's anyway. I like my T's to feel secure and I hope they will stay long. Any repossession notice can't help toward that. We are in the rental business it's just a downside that some times we need to repossess, only to have to look for the next T anyway.