Section 21

[Antnkel]

Hi guys,

I'm serving a Section 21 and want to know that the wording is correct, so could you have a look and see what you think.

It's a periodic shorthold tenancy. I made a mistake with the date on the AST as it states the start date to be the 10th of the month and end date to be the 10th aswell so giving them an extra day.

Two months notice then should be 10/06/2013 I think?

HOUSING ACT 1988

Section 21(4)(a)

Assured Shorthold Tenancy: Notice Requiring Possession: Periodic Tenancy

To: XXXXXXX XXXXXX

of: XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

From: XXXXXXXXXXX

of: XXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXX

I give you notice that I require possession of the dwelling house known as

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXX

after: 10/06/2013

Dated

Landlord

Signed …………………….

1. A tenant or licensee who does not know if he has any right to remain in possession after a notice to quit or a to notice determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain information from a Citizens' Advice Bureau, a Housing Aid Centre or a rent officer.

2. Where an assured shorthold tenancy has become a periodic tenancy, a court must make an order for possession if the landlord has given proper notice in this form.

Thanks.

Anthony.

[Carryon Regardless]

The end date should be after the 9th, your date of the 10th gives them another month.

While "after" is correct I would prefer a more involved saving clause.

Mine details the commencement date of the tenancy,

the date the notice is served,

and the expiry date of the notice as "after".

I like simplicity but think removing ambiguity, where this doesn't allow for confusion, is best.

I still believe the wording of these notices, as prescribed, will confuse most T's.

I am more than interested to hear other views on the style of your notice as it is far more simple than mine.

[Mortitia]

Anthony - even though your mistake on the AST end date suggests you are giving them another day the judge would perceive this as a genuine mistake.

The tenancy period set up is between the 10th and 9th of the month therefore it follows that you would require possession after the 9th.

I use a 1 page Section 21 with very little wording also.

[Antnkel]

The AST gives the state date of 10/01/2012 to 10/01/2013.

Do I still put "after the 9th" as I thought the tenancy finished on the 10th?

[Mortitia]

You still put 'after the 9th'.

Reason: Your tenant has signed an AST under the Housing Act 1988. This assumes a monthly tenancy starting on 10/1/12 therefore next rent due 10/2/12 and so on.

This establishes a rental period of 10 Jan 12 to 9 Feb 12 and so on. A monthly paid rent is not from 10 to 10 it is 10 to 9 but you had made a simple mistake. This simple mistake in the end date does NOT alter the monthly status of the tenancy.

[Antnkel]

Ok, thanks for clearing that up. Will put after the 9th.