S21 Notice potential problem Periodic Tenancy

[ramboot]

Hi,

Glad to have found this forum as I have a question for someone who knows more than me (probably most of you!)

I currently have a tenant on a AST which expires in 6 days from now. I originally served a section 21( but have since found out that it could be deemed invalid (if tested in Court) as there is no way I can prove it was signed After the AST was signed, as they both have same date on them.

Should I now issue a Section 21(4)(a) for the upcoming Periodic Tenancy and if so, do I get it signed before or after the tenancy becomes a "periodic" one...

Thanks..

[Richlist]

1. Is there a deposit, was it protected and was the prescribed information provided to the tenant ?

2. Is the property either in England or Wales ?

3. Are you certain that the tenant does not intend to leave at the end of the tenancy agreement in 6 days time ?......note: tenants are not required to serve notice if they intend to leave at the end of the tenancy agreement.

[Mortitia]

You can issue the Section 21 anytime to end outside the 'fixed period' of an AST but you must give 2 months clear notice from a rent due date. If tenancy is going periodic then this will be fine.

Assuming tenant does not leave you must issue S21 in the correct manner for it to be tested at court. The tenant does not have to sign S21 but serve it in the correct manner by sending 1st class post from 2 separate post offices and get the free 'proof of posting' receipt. You could also ask tenant to sign for receipt of S21 if they are co-operative.