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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Sir/Madam, My tenant whose 12 month Assured Shorthold Tenancy Agreement expired on the 30

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Sir/Madam,
My tenant whose 12 month Assured Shorthold Tenancy Agreement expired on the 30 September 2013 remains in my property, she has not paid any rent for October,and has not signed a new tenancy agreement.
I wish to serve her a section 21 Notice Requiring Possesion to the Tenant. Can i backdate the notice from the ending of the previous tenancy agreement dated 30/09/13, or must it run 2 months from when i serve the notice?

Yours,
S Wilkes
Hi

Thanks for your patience.

No, if you backdated the notice then it would not be valid. This is because the tenant must actually receive two months notice before the date of eviction. Therefore, if you did this then you would effectively be denying them almost half of the notice that they were entitled to, which a court would find invalid and throw out your application for possession.

You should therefore serve a s21(4)(a) Housing Act 1988 notice because this is now a statutory periodic tenancy because the original term of the tenancy has expired.

You can download a template of this notice from any of the online document providers and they should also have notes on service with which you can consult before serving the appropriate notice. It must give two months clear notice from the date that the tenant receives the notice and the notice period must expire at the end of a rent period, as you will see when you download a copy template of the notice.

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Tom
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