I have issued my tenant with a Section 21 notice, with the service date being 24th April (hand delivered, at 08:30am so well before the 16:30pm cut off). I have stated the date which I seek possession AFTER, is the 23rd June, in other words no court proceedings until the 24th onwards. I’ve seen some forms stating that this is a day short (that it should state after 24th June, so to seek court proceedings on the 25th onwards) and others saying that it is fine as it is. I’ve applied the same logic on how long a month is as to how a tenancy month would run e.g. 4th Nov to 3rd Dec, otherwise if we were to go with the first option then tenancies would run from the 4th to the 4th, which doesn’t make any sense.
Surely the notice that I have provided is 2 months to the day, as the notice was issued on the 24th April and the tenant is aware that no action will be taken until the 24th June?
In retrospect, I acknowledge that I could have added a few more days on top to be sure, but at this point, I’m just interested as to whether the S21 is valid or not, so I can re-issue one ASAP.
All other relevant documentation (EPC, EICR, 'How to Rent Guide ’ and Gas Safety) was provided to the tenant at the start of the tenancy and their deposit was protected and they were provided with a certificate of protection.
Your notice is valid.
You need two calendar months notice, which you have provided.
Hand delivered is classed as same day because you are before cut off.
However if you serve -
First class post add two days
I’ve seen a list some where which tells you to add time depending upon the type of service
I spoke to the n r l a a few weeks ago
They advised to add in a few days ( three in fact) .
The main issue I have is the at least two month notice period is ambiguous and open to interpretation. In my (and others) opinion, the 2 months would run from 24th April to 23 June, AFTER which I can begin court proceedings. Others believe that as the date of service 24th isn’t a full day, you’d need to give the tenant until the 24th June to leave by, AFTER which you can begin court proceedings on the 25th.
The caveat is that judges prefer to add a few extra days if it’s delivered by post etc and have ruled it invalid
When I served my first s21 o was advised to add a week
I’ve always added a week until this one because I didn’t want to miss the deadline
It’s really open to interpretation
Did you deliver it to them or post it through the door ?
Posting through the door requires the addition of a day
If it’s hand delivered to them in person I understand that’s when you don’t need to add extra time
In future, I will definitely be adding on a few extra days! It was posted by myself through their door. Photographs were taken and a witness was present. I have filled in the N215 form, as further proof of serving the notice, who state the following, regarding what the service date is when personally posting it through the tenant’s door:
“If it is delivered to or left at the permitted address on a business day before
leaving it at a permitted address 4.30pm, on that day; or in any other case, on the next business day after that day”
It was left at 8:30am in the morning.
Furthermore, it was also sent to the tenant’s email address on the same day before 16:30pm
I’ve just googled this . I can’t find the original page but I’ve read it’s two months from the date the tenant received it
Therein lies the rub
They may allege they did not get it till a day later.
It will depend on the judge fingers crossed
They’d have a hard time proving that, as the email shows the time and date that it was sent to them. Again the real question is whether the judge will consider 24th April to 23th June to be 2 months or if they consider the 24th to the 24th to be the two months.
Two months is to 23rd
When you write a contract you have the start and end date
Of the start date of the first of the month
The end date will be the last day of the six month in an AST not the first day of the seventh month
Apologies I forgot about email service ( do you have a clause in contract permitting service)
You’re correct, but the end date of the S21 is after the AST has ended. The reason for the notice is because they are refusing to sign a new AST and at the same time, they’re refusing to leave.
Thankfully, they have signed a document saying that I can contact them at the email address that they have provided.
Why are you trying to get them to sign a new contract. Most Landlords allow contracts to roll into periodic, and under RRB this approach will become the norm anyway.
It already has become periodic. Initially, I wanted them to sign a new AST to have some kind of security. The tenant told me that he didn’t intend on staying for long, but it’s 2 months later, he’s still there and has started breaking multiple clauses in the agreement (smoking, moving somebody in, getting a dog without permission etc), as they’re discretionary clauses, I believe that the preferred route would be a Section 21. He’s now citing multiple things that require repair and at the same time, will not allow me to inspect them.
Just to help others in future, as based on the amount of replies, it’s something that most people don’t know, here is some info that I found on the landlord zone:
Legal agreements such as tenancies always work on calendar months. A six month AST, for example, will run from the 6th of June (the date the agreement is signed) to the 5th of December, AFTER which you seek possession.