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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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I am about to create a section 21. My tenants AST expires on 19th October and we ar

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I am about to create a section 21. My tenant's AST expires on 19th October and we are not planning to give her another agreement. She generally pays her portion of the rent on the 18th of the month in arrears - although this can be variable depending on when we can get hold of her (majority of rent is paid by housing benefit which has now been suspended. What S21 should I use 21(4)a or 21(1)b). What date can I put as the expiry date on the S21? Once the agreement expires I understand it becomes a periodic tenancy therefore is based around payment of her monthly rent. Assuming I serve the notice on Monday 23/09/13 (via proof of delivery post - is this OK) Is the soonest date I can put on the S21 19th December (based on expiry date of AST) or 18th December based on the fact that she is supposed to pay me on the 18th of each month? Either option should give her more than 2 months notice. Or can I put a sooner date on the S21?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

You need to use S21[4] as this is still an AST at the time of service.

If you serve notice on the 23 September then unfortunately it would not take effect until 19 October and so your notice period would expire in December.

If you can serve notice before the 19th September then it would take effect upon that date and so expire in November.

The end date should be the 18th of the month though. Otherwise you are giving them one extra day. The 19th should be the commencement date of the new AST.

Unfortunately under an AST a tenant is entitled to two clear months notice using a S21 notice form.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

For Jo C.


I am just checking that I would put the expiry date as 18th December and not 19th December even though after the tenancy agreement expires I assumed it would roll monthly with each month expiring on the 19th? Also is proof of postage enough as well as a copy been personally put through the tenant's letterbox? Thanks

Its the 18th. Your agreement begins on the 19th and expires on the 18th. The 19th is the first day of the next tenancy agreement.

Proof of postage is fine. You can also put the letter through his letter box and take photographs of yourself doing it.

But 1st class post is fine for service.
Customer: replied 3 years ago.

For Jo C.

Thanks, XXXXX XXXXX more question please. Do I date the S21 with the date I create it?

Yes you should date it from the creation date but the end date must be correct.
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