kanrent Posted February 4, 2016 Report Share Posted February 4, 2016 can i issue the above notice any day in the month or does it have to correspond when the original AST started Link to comment Share on other sites More sharing options...
Grampa Posted February 4, 2016 Report Share Posted February 4, 2016 It is not quite as simple as a yes or no answer. 1. If the tenancy started after 1st oct 2015 you need a s216a for both fixed term and periodic but cannot be served until 4 months has passed from the start of the tenancy. 2. If the tenancy started prior to 1st oct 2015 and is in the fixed term you would use a s21(1)(b) giving the usual 2 months notice not ending before the last day of the tenancy but can overlap into the periodic period. If so it DOES NOT need to tie into the day before the rent due date. 3. If the tenancy is periodic and the fixed term started before 1st oct 2015 you can now use either s21(1)(b) (previously only used for the fixed term) and just 2 month notice needs to be given and can fall on any date not necessary the day before the rent due date. You can also still use the traditional s21(4)a) but I believe the 2 months notice still has to fall in line with the rent due period. Link to comment Share on other sites More sharing options...
kanrent Posted February 4, 2016 Author Report Share Posted February 4, 2016 as i understand it if the tenant does't move out after the 2 months notice i am obliged to issue a court order otherwise the section 21 is invalid is that correct? if so how long after the 2 months notice do i have before i have to issue a court order Link to comment Share on other sites More sharing options...
Grampa Posted February 4, 2016 Report Share Posted February 4, 2016 A section 21 historically did not have a shelf life and I have known of one being used 5 years later and this still applies for tenancies started before 1st Oct 2015. If the tenancy start started after 1st Oct 2015 not only would you use a s21 6a it would only last 6 months. Note: Any tenancy no matter when it was started, the rules apply to the date of the latest tenancy signed. Link to comment Share on other sites More sharing options...
Grampa Posted February 4, 2016 Report Share Posted February 4, 2016 In answer to your question, no you are not obliged to start court proceedings. Many landlords just send them out to give the tenant a kick up the backside but if that doesn't work the next step is court. Link to comment Share on other sites More sharing options...
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