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Section 21b dates on the form


willow33

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Hello

Am sorry if this is a common query but am very wary of getting it right.

I wish to serve a notice to leave to my tenants. They began the tenancy on 26th March last year.

I know I have to give two months' notice and so I intend to do that asap. They have a 12 month tenancy contract.

I am not sure what should be in these bits below. I have had conflicting advice so far! Thank you.

(4) Date of after(4):

Expiry (Note

3 overleaf)

(5) Note 3 Dated(5)

overleaf

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  • 2 weeks later...

I've raised this unanswered question back to top because with all the expertise about on this forum I'm surprised no-one has yet offered a reply.

I've been waiting because I too have found this 'minimal' text confusing. As correct S21 dates are so vital, maybe it's intended to be!

Or maybe it's so obvious to the experts that they haven't felt bothered. (no offence intended)

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The information given by the op isn't enough for me to give a real answer to. It's not a layout I'm familiar with and would consider it, without more, to be jibberish.

My thoughts would be to find another version of the S21 that can be more explanatory in it's requirements.

My only, now late, comment to the op is tat as the tenancy is still within it's fixed term he needs a 'S21 (4) (-B- is no difference to the 'A)' buts says '(-B'.

It needs to be served by hand today, as it's too late for the post, to expire 'AFTER' the 25th of March 2012.

Edit:

Sorry but (-B typed correclty gives (B)

Edit 2:

Sometimes this site p*sses me off, rattle from pram time.arghh

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The S21 form text extract copied by OP is the one downloaded from this site!

COR: Today's date co-incidence etc. is fortunately not my problem but, like OP, I was equally curious for an expert interpretation of this part of S21 form. From what you state other versions are presumably different and clearer. Thanks!

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As long as you give at least 2 full months and say 3/4 days extra to be safe you cant go wrong because the 2 months notice starts inside the fixed period and ends outside. When this happens it doesnt matter what day it falls on as long as it is served correctly, at least 2 months given, any deposit protected correctly, it is an Assured Shorthold tenancy, the precribed info given on the s21 notice and no conditions given on s21. (such as "i wont enforce it if you pay your arrears")

There are many conditions of a s21 but the above are some of the main ones

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This is an issue that arises time and again due to the apparent dichotomy between a notice served under s.21b (within the fixed term) and one served under s.21(4)(a). I am happy to set out a definitive answer in due course but not tonight as I am off out, but for the record Grampa is right.

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Thank you Chestnut for raising this topic again. Am the OP and would still appreciate further clarification.

My husband has just corrected me that the date the tenants moved in was 28 March last year. Does that mean for

no. 4, I should write to expire after 28 March 2012? Or as a friend told me, it should be 26th March 2012?

If anyone knows of a more easily understood section 21b then can they put a link in?

Thanks

P.S I can deliver the notice by hand.

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