section 21(a)

[jan1]

hi all, it's been quite awhile since i did all this so please forgive me if i'm totally wrong here but, i have tenants who's agreement will be finished on 8th march 2014, i really do not want to get rid of them as they have been great tenants but money problems are forcing me to sell up. as my tenants can stay until march can i still issue the section 21 now so to give them more time to look for a place and as it is not into the periodic stage is the sec 21 the same form to use as if it were in the periodic stage, thank you for your help

[Grampa]

You need a section 21(1)( .

Have you protected the deposit and ALSO given the prescribed info to the tenant? If not any s21 is not valid.

You would also have a claim of x3 the deposit hanging over you. (but only if the tenant knows about it)

[jan1]

hi grampa, i did not take a deposit off them so there's not one to protect but this s21(1) is it not the same wording as the (a) i have the old one from a tenant who i had to take to court to get my house back but i know the couple who are in now and they are lovely people.

[Melboy]

Here you go Jan.........this will help you out. Grampa is correct in his reply to you.

Recorded mail delivery don't forget! .....and keep the copy.

Section 21(1)b

For Fixed Term Tenancies

In brief, the section 21(1)b gives the tenant notice that you (Landlord) want the property back at the end of the fixed term contract (the end date stated on the tenancy agreement). It must give them at least 2 months notice leading up to this date.

So check your Tenancy Agreement... If they moved in on the 20th of April 2010, and did a 12 month contract due to end on the 19th April 2011, you must serve them the Section 21 no later than the 19th February 2011 (2 months notice).

Before you jump straight to filling in the Section 21 and serving it, there are 2 key things to remember or else you may get the case thrown out.

1 - It is pointless posting a Section 21 to the tenant without taking a copy! So print out the form, sign and date it, take a photocopy for yourself and send the original to the Tenant. Remember, if this goes to court, the Judge will ask for a copy of the Section 21!

2 - Everything on the Section 21 must be exact. You will notice that at the bottom the Section 21, the dates requiring possession are in word format. This is to avoid any potential misreading. As well, the judge may be strict and say the Section 21 is invalid if you misspell your name (as the tenants may not have known who to pay the rent to!?) or likewise it goes without saying he will dismiss it if you misspell the tenants name. It also needs to coincide with the Tenancy Agreement so if you have put Mr A Smith on the Tenancy Agreement, do not change that to Andy Smith on the Section 21.

[Mortitia]

It is definitely the Section 21 4 B you need Jan if issued during the fixed term of a contract.

Section 21 4 (a) is for use in the periodic phase of a tenancy - Grampa take note. or did you get the same typo glitch as me?

Make sure that somewhere in your Section 21 a or b it states 'the landlord requires possession after (then put your end date- in your case willl be the 8th of whatever month having given at least 2 clear months notice.

How are you serving the section 21 - best practice accepted by the courts is to post 1st class Royal Mail from 2 separate post offices and get 'proof of posting' receipt from the counter staff.

I think I might tell my tenants that I was selling as a S21 out of the blue to good tenants can be upsetting.

[Richlist]

I think a number of us get a typo glitch when typing S21's

So typing S21 4 (a) works ok but substituting the 'a' for a 'b' comes out like this :- S21 4 (

Someone clever with computers (not me) might be able to sort it.

[Grampa]

Don't use brackets for the letter at the end

S21(1)b for use during the fixed term

S21(4)a for use during a periodic

Mortitia is "Section 21 4 B" a new notice?

Though a few years ago I used to use a generic s21 that didn't state either version and it worked ok in the courts but I'm not sure how it would be viewed nowadays.

[Grampa]

For Fixed Term Tenancies

In brief, the section 21(1)b gives the tenant notice that you (Landlord) want the property back at the end of the fixed term contract (the end date stated on the tenancy agreement). It must give them at least 2 months notice leading up to this date.

It doesn't have to be the end of the fixed term, the end of the 2 months notice can fall into a periodic period as long as it starts in the fixed term.

[Melboy]

It doesn't have to be the end of the fixed term, the end of the 2 months notice can fall into a periodic period as long as it starts in the fixed term.

I know Grampa but Jan the OP wants to end on the fixed term date of the 8th March and has stated she doesn't want to go into the periodic period.

It was all so much easier back in the days when you had 48hours to get out and don't come back.

[Grampa]

I dream of those days coming back.

[jan1]

Grampa, Melboy,Richlist and Mortitia, you are all stars. thank you very much for all your advice it has all been noted and i will do my 21(1)b the way you have all told me. the tenants are very nice and friendly and i have verbally explained about my situation and they understand completely and i have told them i will still have to service the s21 as a legal reqirement but that i was giving them the nod first as i needed to explain it all to them first.

now they have more time to look for somewhere else and i have stated i will have no problems in giving them a glowing reference.

as i said if i did not have to do this i wouldn't because they have been the perfect people to have in my house. i will be giving the s21 to them in person if thats ok or is it better to, as you say, post it from 2 post offices?

thank you all again for your much needed and much appreciated advice. jan.