gaz3845 Posted September 30, 2008 Report Share Posted September 30, 2008 could anyone tell me if i am within my rights as follows my tenants 6month ast is up for renewal on december 1st 2008 i am visiting the premises 2morrow as i have reason to believe it is not being looked after as i would expect when i gave tenant ast i also served notice on him to move out via a section 21(4) a notice the date on this notice was for movin out on 1st december 2008 (i was told this would cover my back if i wanted him out end of ast) i served the notice on the same day as th ast was signed so to my question will this notice be valid or will i have to serve a new notice 2morrow ie 2 months be 4 i want him to move out ps i have no doubt i will want him out asp as person who advised me house is in state is friend of mine and when i served notice to enter premises for tomorrow t tried all ways to cancel until i told him i have right to enter with my own keys now i have served notice thanks in advance gaz Link to comment Share on other sites More sharing options...
Preston Posted September 30, 2008 Report Share Posted September 30, 2008 Hi Yes, if the notice is correctly dated then it is perfectly legal to serve it on the first day of the tenancy. One common mistake with regard to section 21 notices is that the date on which the tenant must give possession is entered incorrectly. Some notices give the last day of the tenancy, whereas the date for possession is the first day after the end of the tenancy. Good luck Preston Link to comment Share on other sites More sharing options...
gaz3845 Posted September 30, 2008 Author Report Share Posted September 30, 2008 Hi Yes, if the notice is correctly dated then it is perfectly legal to serve it on the first day of the tenancy. One common mistake with regard to section 21 notices is that the date on which the tenant must give possession is entered incorrectly. Some notices give the last day of the tenancy, whereas the date for possession is the first day after the end of the tenancy. Good luck Preston thanks for answer and i checked and i have all dates correct so i can save myself bit of paper work now thanks again gaz Link to comment Share on other sites More sharing options...
Trenners Posted October 1, 2008 Report Share Posted October 1, 2008 Hi Gaz, I think you need to get more advice from the "legal beagles" on this forum. I think that a Section 21 4(a) is for bringing a PERIODIC tenancy to an end. To end a fixed term tenancy you need to issue a Section 21 1( notice. Any comments from the lawyers ? Will a 4(a) notice be accepted to end a fixed term tenancy .......... I feel not! Mark Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted October 1, 2008 Report Share Posted October 1, 2008 The safest bet is to serve another one but saying that the first s21 court hearing i had to go to the s21 that had been used didnt state if it was a s21(1)( or a s21(4)(a) and it wasnt questioned and we still won eventhough it was defended. I bet it would depend on the judge on the day. Link to comment Share on other sites More sharing options...
Preston Posted October 1, 2008 Report Share Posted October 1, 2008 Hi Trenners raises an interesting point but I dont think he is correct. The content of section 21 notices for fixed term and periodic tenancies is the same, except that the dating of a section 21 notice for a period tenancy is slightly different in principle. From what Gaz has said, he has complied with all the necessary legal requirements, namely, he has made it clear that he is issuing a notice under section 21; he has not served it before the tenancy started; it gives (much more than) 2 months notice; and the notice makes it clear that possession need not be given until after the last day of the tenancy. Assuming he has signed it properly and can prove he served it, then his notice is perfectly fine and speedtwins experience is not (or should not) be out of line. Hope this helps. Preston Link to comment Share on other sites More sharing options...
gaz3845 Posted October 3, 2008 Author Report Share Posted October 3, 2008 thanks for all your help everyone seems i did get it right at least the tenant thinks so he's agreed to move out on 1st dec watch this space heh (a honest tenant or not ) gaz Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted October 5, 2008 Report Share Posted October 5, 2008 Hi Gaz, I think you need to get more advice from the "legal beagles" on this forum. I think that a Section 21 4(a) is for bringing a PERIODIC tenancy to an end. To end a fixed term tenancy you need to issue a Section 21 1( notice. Any comments from the lawyers ? Will a 4(a) notice be accepted to end a fixed term tenancy .......... I feel not! Mark Agree with you Mark Wrong notice(particulars) is just as likely to give ct an excuse as wrong date. a Fixed-Term Notice s21 (1) ( b ) a Periodic Tenancy Notice s21 (4) (a) The Rodent Link to comment Share on other sites More sharing options...
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