Section 21 a and b notice | Page 2 | Discuss

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Section 21 a and b notice
20/12/2011
1:10 pm
Jayne.B
Inverness,Scotland.
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15/12/2011
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for some reason I thought all landlords HAD to be members of the NLA…? Embarassed

06/01/2012
8:32 pm
zipster31
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12/10/2011
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As I suspected the tenant stopped paying his rent once I told him I would not be renewing his tenancy agreement. He has just assaulted me and now the police are off to arrest him. Be on the look out Essex landlords, this tenant will be coming your way very soon (hopefully).

07/01/2012
12:46 pm
Paul Routledge
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20/05/2011
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Hi Zep,

Make sure you get him out on a tenant alert and that will stop all the members taking him without calling you first and if you are a landlord or agent in Essex and looking for tenants then this guy may be heading your way so join us today and don't take him tomorrow.

Paul 

21/01/2012
2:35 pm
mary latham
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I was browsing and I spotted this reply to one of my posts 

 

"the order may not be made so as to take effect earlier than—

(a)in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy

It doesnt say anything about the s21 notice other than 2 months is given which doesnt end before the last day of the fixed term".

 

This is what the Act actually says please read the Act here

http://www.legislation.gov.uk/.....section/21

NOTE section 4 a) and b) including the word AND at the end of section a)

Section b states that "the date  specified on the notice is not earlier than the earliest day on which the tenancy can be brought to an end................"

 

 

 

22/01/2012
1:11 pm
Rigsby
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I still disagree a tenancy doesnt have to be for six months and the wording you left out states:

 "the tenancy could be brought to an end by a notice to quit"

Its the possession order that cant be granted before 6 months

25/01/2012
8:29 pm
mary latham
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Guests

You are right a there is no longer a minimum period for a fixed term AST where previously there was a 6 months minimum an AST can now be for as little time as is agreed between the landlord and tenant.

Regardless of the fact that the fixed term may be less than 6 moths a tenant has the legal right to remain in the property for 6 months if he chooses to do so and the ONLY way a landlord can remove the tenant during that time is through Section 8 of the HA 1988 with evidence of grounds and following a court order. On the expiry of the last day of the 6th month Section 21 can be used.  The earliest date that a S21 Notice to Quit  can legally request possession IS therefore the expiry of the last day of the 6th month. A court will not grant a possession order if the S21 Notice to Quit asks for possession earlier, in line with 4b of Section 21

26/01/2012
8:12 am
Rigsby
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The Guild of Residential Landlords http://www.landlordsguild.com  also thinks differently see below

 

In addition, it is sometimes thought that a notice

served during the fixed term cannot expire earlier

than six months, even if the tenancy was for a

shorter period e.g. three months. This is not the

case, the requirement of s21(1)(b) is that it does not

end before the fixed term ends, there is no

restriction on this being less than six months.

 

“8. The first basis on which possession was refused

 is was that the section 21 notice given in this case

had been set to expire, as the Deputy District Judge

put it, before 6 months of the tenancy had expired.

Here in my judgment the Deputy District Judge fell

into what, regrettably, might be described as an

elementary error. He confused the provisions of

section 21(1) which deals with the amount of notice

to which the tenant is entitled with the provisions of

section 21(5) which bars the court from making an

order to take effect earlier than 6 months after the

beginning of the original tenancy. Section 21(5) has

no bearing whatever on the way in which a notice

under section 21(1) must be given. These provisions

deal with entirely separate matters.

Provided that notice is given in accordance with

section 21(1)(b) the court is bound to make an

order for possession if all other necessary

conditions are satisfied. Section 21(5) merely

details the court from making an order to take

possession before a specified date.”

 

[Ratcliffe v

Parkes

  

[2006] Leeds Crown Court].

 

http://www.landlordsguild.com

 

So Mary are you saying the judge is incorrent??

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