julles Posted September 12, 2011 Report Share Posted September 12, 2011 Hello... Not been here regularly but some members may know me from the "other" forum Hope you all doing ok Can some one confirm I have this correct as I want to serve section 21 If I am serving section 21 during the fixed term of tenancy but the 2 months full notice falls outside of the fixed term, then does the date that I require possession of the property still need to be day before rent due date. Tenancy started 5 May ending 4th November Can I serve the section 21 notice now for instance date s21 15 sept notice expiry date 14 nov after which possession is sought As tenancy is still in fixed term is my memory correct that I use the s21 1 b even though it expires in periodic Thanks all Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 12, 2011 Report Share Posted September 12, 2011 Hi Julles, I hope things aren't all S21's for you these days. I think there is some confusion around the period when served in the fixed term. For sure you use the 'b' as it's to be served within the fixed term. If I were serving this I would go for expiry 4th December, that being the last day of a period of SPT (I assume). I think I've read that your suggestion is OK on forums but personally I would't chance the failure. Of course a saving clause should give Judge some choice of discretion. Link to comment Share on other sites More sharing options...
julles Posted September 12, 2011 Author Report Share Posted September 12, 2011 Hi Cor No it's not been too bad, in fact not needed to do a section 21 for ages , What a nuisance as I have missed the trigger date and will probably need to do as you suggest as don't want to risk it failing ...just means if I could do it the other way I had hoped it would be over sooner ..... I am also hoping the section 21 will do it and may not need to go down the court route Thanks for the advise Hope all is good with you Link to comment Share on other sites More sharing options...
Grampa Posted September 12, 2011 Report Share Posted September 12, 2011 Hi Julles. Good to see you back. Yes you are correct with your dates. If s21(1)( used (within the fixed term) the 2 months notice can end outside the fixed term and doesnt need to fall on a certain date as long at least 2 months notice is given. Though saying that the one time I used a s21 like that for a eviction the judge struck it out for being incorrect. I won it back on appeal. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 12, 2011 Report Share Posted September 12, 2011 What chance have we got if those that are paid to guide us screw it up. How much time did you lose going for appeal Grampa ? Link to comment Share on other sites More sharing options...
julles Posted September 13, 2011 Author Report Share Posted September 13, 2011 Hi grampa thanks for the welcome and advice... I may come back to you on the appeal thing if I need it .... I'll let you know how i get on ...thanks again Link to comment Share on other sites More sharing options...
Grampa Posted September 13, 2011 Report Share Posted September 13, 2011 I think if i remember correctly i lost about 2 weeks. The appeal sailed through in front of a higher judge and i still have all the paperwork somewhere if you ever need it julles. The worrying thing about it was the original judge sits on possession cases every day so should know better, especially as it was basic housing law. The strange thing at the appeal was I had to ask for our costs which wasnt a lot but was given against the tenant. It wasnt the tenants fault it went to appeal but the judge, so you would have thought the court would be reponsible. On another point regarding section 21(1)( did you know the 2 months notice can end before the 6 month mark. You could have a 3 month tenancy and serve a s21 within the first month for the notice to end on the last day of the 3 month fixed term (or out side the fixed term like julles situation) Then you could apply for possession as soon as the 2 months expires. The judge wont give possession earlier than 6 months from the start of the tenancy but you will certainly get it earlier than the normall way of a 6 month contract and then appling for a court hearing. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 13, 2011 Report Share Posted September 13, 2011 "You could have a 3 month tenancy and serve a s21 within the first month for the notice to end on the last day of the 3 month fixed term (or out side the fixed term like julles situation) Then you could apply for possession as soon as the 2 months expires. The judge wont give possession earlier than 6 months from the start of the tenancy but you will certainly get it earlier than the normall way of a 6 month contract and then appling for a court hearing. " Would this mean that possession is granted for the last day of the 6 month period, or would the judge give 14 days (discretionary) form the 6 month point ? I can see the 6 month anniversary being reasonable if applied for early as there would have been plenty of notice by the court also. Link to comment Share on other sites More sharing options...
Guest caravanj Posted September 13, 2011 Report Share Posted September 13, 2011 If the tenancy becomes a periodic tenancy then the periodic tenancy retains the same features as the fixed tenancy so the Section 21 expiry date would be the same for both periods. Link to comment Share on other sites More sharing options...
julles Posted October 4, 2011 Author Report Share Posted October 4, 2011 Thanks for all the advice I served the notice a few weeks ago , finally the tenant has contacted me , so with a bit of luck they will be moving out before the date on the notice and I hope to not have to enforce it anyfurther (except of course chase them for the rent owing ) i'll keep you posted Link to comment Share on other sites More sharing options...
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