SMF - Just Installed!

section 21 date

Started by kmiller, January 02, 2014, 05:50:25 PM

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kmiller

My tenancy agreement started on 23 March 2013 but in the agreement they had the rent payment changed to 1st June 2013 and 1st of each month thereafter. As both dates are in the tenancy agreement which date do I use on the section 21?

Riptide

You are the LL?  How long was the original rental period for?

From Gov.uk;

You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term.

The end date/fixed term is more relevant than the start date.

kmiller

The tenancy started on 23 March 2013 and after 6 months became a periodic tenancy with the tenant meant to be paying on the 1st of each month. So I am not sure what date to put on the section 21.

Riptide

I'd say it would be the 23rd, the payment date to me seems irrelevant.    The original agreement/move in date/fixed term ran from the 23rd.

LEGALHELP

The Court is more likely to go by the rent payment date, so a tenancy period will be from 1st day of month to last day of month. To avoid any problem, use the last day of the month as the date in your Section 21 but also include the "saving clause". If you need to issue proceedings, wait until the next 23rd of the month has gone before you issue then it cannot be said that you have issued prematurely whichever date the court decides is the relevant date. It is better to wait 24 days than get thrown out of court and have to start again from scratch.