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Thomas
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Category: UK Property Law
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I issued an assured shorthold tenancy agreement on 23rd March

Resolved Question:

I issued an assured shorthold tenancy agreement on 23rd March 2013 for 6 months ending on the 22nd September 2013. I also issued a Section 21 (1)(b) notice dated 23rd March and stating date of expiry as 22nd September 2013 on the 11th July 2013 we served a letter and the 21 NOtice telling the tenant she must leave the property on the 22nd September 2013. Told her we would be going to court for an order. Have I done this correctly. Thank you so much.
K.Glynn
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Did you pass the notice to the tenant on 23rd March?

Did they sign it?

Did they retain a copy?

Are you saying that you resent the notice with your letter of 11th July?

Tom
Customer: replied 1 year ago.

YES - notice given to tenant on 23rd March.


She signed it on the 23rd March


She retained a copy with the tenancy agreement.


We resent the notice with our letter of the 11th July.


Thank you

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

I think effectively what you have done is serve the notice on 23rd March when you passed it to them, had it receipted and a copy retained by the Tenant. This is on the same day as the tenancy. This is fine provided that the notice was passed and receipted by the tenant AFTER the tenancy agreement was signed/dated.

The date of expiry is fine and assuming that the tenant does not dispute receiving the notice after signing/dating of the tenancy agreement then the Court should find the notice valid and allow a possession claim to proceed, if it comes to that.

In the future I woudl either serve the notice the day after, or get them to acknowledge when receipting the notice that they have executed the tenancy immediately before receiving the notice.

However, unless the tenant is minded to mirepresent the situation then you will be fine in this case.

Good luck.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
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