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Question

Landlord Wants Tenant to Leave (England)

When can a Section 21 be served?

26 Oct 2016 | 2 comments

6 month fixed term tenancy starts in March 2016 and a replacement tenancy is granted for another 6 month fixed term in September. I now want the tenant out, when can I serve the Section 21? The first tenancy never went periodic and not sure whether the ‘4 month’ rule cut in in July or January. Would this have made any difference if the ‘original’ fixed term tenancy started before 1st October 2015?

Answer

2 Comments

  1. guildy

    The four month rule only applies to the original tenancy (where that original tenancy was granted on or after 1 October 2015).

    However, I don’t think this assists you much.

    You are unable to expire the notice any sooner than the fixed term you have recently granted so it might as well be served a little closer to the end of the term. In addition, the section 21 will cease to exist after 6 months from when it is given and therefore, if served too soon, you won’t have much time to commence court proceedings after its expired. Therefore, your best time to serve is late December/early January (depending on the exact dates of the tenancy) to maximise the expiry date of the notice and give you maximum time to commence proceedings.

    Please see this article for full details.

  2. JungleProperty

    Thank you – yet again you have been so helpful

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