I have read somewhere in the past that it is advantageous to get the tenant to sign a section 21 at the start of the tenancy. Can anyone explain why? And if the ast started say on the 5th of 'x' month what dates should be on the S21?
It's because a s.21(1)(b) Notice cannot be served until after the letting starts. Here's an extract from the section: Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if... (b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house. So there has to be a letting in existence at the time that the Notice is served. A Notice served on the same day as the letting starts leaves an unanswered question: which came first? If a letting begins on (say) 5 August, and it's for (say) six months, its last day is 4 February next year. It ends "after 4 February", i.e. at midnight when that day is just becoming 5 February. But no s.21(1)(b) Notice can require possession during the fixed term: only at its end (= after its final day). If served early in the fixed term- e.g. soon after it starts- it will require T give up possession after 4 February (or whatever). The advantage of a s.21(1)(b) Notice served early in the fixed term- e.g. soon after it starts- is that L will have a reasonable degree of confidence that T has to go at the term expiry. This is never guaranteed, of course- T might not vacate on time!
