viv Posted November 19, 2013 Report Share Posted November 19, 2013 Hi All I am a fairly new Landlord needing to serve a Section 21 for repossession of a property. The ASHT commenced on the 19th of the month expiring 18th however the ASHT has now become a Periodic Tenancy. Am I right in thinking I can serve the Section 21(4)a as of todays date the 19th November 2013 for it to expire on the 19th January 2013. Understand this must be served by hand by 4pm. Please advise if correct. Thank you Link to comment Share on other sites More sharing options...
Richlist Posted November 19, 2013 Report Share Posted November 19, 2013 1. Is the property in England or Wales ? 2. Has the deposit been protected and the prescribed info been issued to the tenants ? 3. Is the tenancy agreement an Assured Shorthold Tenancy ? Link to comment Share on other sites More sharing options...
Mortitia Posted November 19, 2013 Report Share Posted November 19, 2013 Your dates seem correct but take a witness with you and get him her to sign a statement to the fact and photograph with your phone the putting through the door of the papers. If you were not so rushed then the way to go is to make up 2 sets of identical papers and post 1st class Royal Mail from 2 different post offices - get counter 'proof of posting' receipts at each one. Do it at least 3 working days before the serving date. This method is accepted by the small claims court. Section 21 is invalid if the deposit is not protected as Richlist indicates above. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 19, 2013 Report Share Posted November 19, 2013 Your notice must be of at least 2 months, expiring at midnight of the 18th of any month. My view differs a little here as I see that you are already into the Nov/ Dec tenancy period. Service of your notice anytime from now until the 18th December would have the same effect of expiring at midnight of the 18th February 2014. Link to comment Share on other sites More sharing options...
Mortitia Posted November 20, 2013 Report Share Posted November 20, 2013 You are correct COR!! Tenancy period is 19th - 18th of the month. Therefore notice must be served before the start of the 19th ie before 23.59hrs. Extra note - don't use weekends to serve and service should be before 4pm some would say. Link to comment Share on other sites More sharing options...
snorkerz Posted November 25, 2013 Report Share Posted November 25, 2013 I agree with #5 though the deadline for service of papers in court proceedings (which a s21 notice is 'technically' not) is 4:30pm. Therefore a document served at 5pm on a Friday evening may be counted served on the Monday by some judges. Link to comment Share on other sites More sharing options...
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