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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Section 21 served in month 3?

15 Aug 2021 | 3 comments

I’m in a panic as a landlord contacted me in tears back in February, desperate to have her property back after a messy personal situation.

It was issued on 18.02.21 giving the tenant until 23.08.21 to vacate. As yet, they haven’t and so the landlord is preparing her court documents.

I did wonder at the time and am worrying now that as the tenancy started on 23.10.20,  should I not have been able to do serve the notice until 24.02.21, ie month 4?

I used your wizard and doesn’t it usually flag up when not enough notice is given?

 

Answer

3 Comments

  1. guildy

    We fear you are correct and the notice shouldn’t have been served until 24 February at the earliest from the dates provided.

    The wizard does highlight this at the beginning after selecting the country of England.

    Just to clarify though, was the tenancy on 23 October 2020 the first moving in tenancy or a renewal of an earlier tenancy? The reason for asking is that a renewal doesn’t count for the 4 months and it’s only the original first tenancy.

  2. kaysproperty

    It was still the original tenancy and not a renewal.
    The landlord wants me to serve a new Section 21 tomorrow as she doesn’t want to wait until October for the notice period to possibly be changed from 2 months back to 4. Can I do that or must I wait for the original to expire on 23.08.21?

  3. guildy

    You can serve now. However, it’s currently four months notice and it”s been suggested (but nothing more) that it “might” go back to two months in October. You would therefore be best to get on with it now because there’s no loss even if it does change.

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