Section 21 Notice service date

chris horne

Member
Staff member
#1
I have been contacted by a landlord seeking clarification on the service date of his section 21 notice. I'd be grateful for your thoughts:


Good Morning

Please could you clarify the law regarding the service date of a Section 21 Notice as I have been given different advice by two solicitors.

Assured Shorthold Tenancy Agreement signed 6th June 2014 expiring 5th December 2015. The tenants fail to vacate on the 5th December but a Section 21 notice was personally served on 3rd December 2014 to vacate by 5th February 2015.

Written within the tenancy agreement is the below

'The Tenant shall pay to the Landlord's Martin & Co local office, the first 6 months rent amounting to £8,700.00
And make all subsequent rental payments of £1,450.00 per calendar month by Bank Standing Order to
Martin and Co
exclusive of Council Tax, Gas, Electricity and Water Charges, payable in advance on the 3rd day of the month during the Term. The first such payment to be made on the signing of this Agreement to the Landlords Martin & Co local office for the period from the Commencement Date until the next rent payment date.’
One solicitor is saying the Sec 21 notice is invalid because it was not served before the ‘rental payments’ date, the 3rd day of the month. The other is saying that it was served before the end date of the tenancy agreement, the 5th December 2014.
Have read up on the matter I believe the notice is valid as it was served during the term of the tenancy agreement and two days before the expiration of the contract. on the 3rd December 2014 the tenants were still within the Assured Shorthold Tenancy Agreement and had not entered the statutory periodic tenancy.
 
#2
Hi Chris

Chris Horne has asked me to reply to you. I can confirm that your Notice is correct based on the information you have put. The law regarding time for section 21 notices changed just over a year a go - the position now is that you need to use Section 21(1)(b) Notice and you just need to give your tenant 2 months notice - it does not matter what date rent is paid or whether the tenancy is period or in the fixed term. The only restriction is that it can not expire before the last day of the fixed term.

So just to clarify - yes from the information you have put in your enquiry it would appear that your notice is correct.

However, if you have taken a deposit you need to make sure that it is in a registered scheme and that the prescribed information has been served, If not then there may be reasons why the notice is not valid. If you need any more assistance come back to me.
 

Jeffrey Shaw

Member
Staff member
#3
Yes. A Notice served during the fixed term takes effect on the later of:
a. expiry of the fixed term; and
b. two months from date of service.
See sections 21(1) and (2).