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Question

Landlord Wants Tenant to Leave (England)

Section 21- two clear month notice form which date

11 Oct 2016 | 7 comments

And if I served a section 214(a) notice to a periodic tenant say today the 11th October 2016 and the tenant pays on the 31st of each month can i issue proceedings after the 12th December2016 or must i wait 2 clear months i.e after the 31st December 2016 – thank you

Answer

7 Comments

  1. samuk

    So sorry for the typing errors in the heading was in such a rush today – of course it should read section 21 – from which date, thank you so much.

  2. guildy

    Was the tenancy granted on or after 1 October 2015 – or before?

    • samuk

      Prior in 2012 – thank you

  3. JungleProperty

    Not clear if the tenancy is statutory periodic or contractual periodic

    • samuk

      the contract ended 12 months after the initial 12 month ast in 2012 so i think its a periodic tenancy, is there a difference between a statutory and periodic and would it make a difference here?

      • guildy

        In that case, using your example of serving on the 11 October, the notice will expire on 30 December and so proceedings cannot begin until 31 December onwards.

        The reason I asked the start date was because for tenancies granted on or after 1 October 2015, the requirement to expire on a period of the tenancy has been removed and so just 2 months plus 4 days notice is sufficient without worrying about what date that would be. However, you are still on the old rules.

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