Jump to content
House Price Crash Forum
Sign in to follow this  
Number79

Ast To Periodic And S21 Notice

Recommended Posts

I know that AST's and periodics have been discussed many times as have notice periods and S21's but I want to understand what happens when it gets complicated and all are added to the mix.

Lets say that an AST expires on 1st Feb. A S21 was issued to the tenant during the AST period. Rent paid monthly on the 1st.

The LL must give 2 months notice to regain possession at the expiry of the AST.

My understanding;

Once Dec 1 has passed without the tenant receiving written notice to leave then it is impossible for the LL to give notice and regain possession on 1st Feb at the end of the fixed tenancy. Which means that notice would then have to be served before 1st Jan to regain possession by 1st march. In the mean time the fixed term of the AST has expired and the tenant moves onto a periodic tenancy.

Would the transition to a periodic make any real difference to the situation?

Would the situation be different in any way if the S21 was not issued during the AST?

Share this post


Link to post
Share on other sites

I know that AST's and periodics have been discussed many times as have notice periods and S21's but I want to understand what happens when it gets complicated and all are added to the mix.

Lets say that an AST expires on 1st Feb. A S21 was issued to the tenant during the AST period. Rent paid monthly on the 1st.

The LL must give 2 months notice to regain possession at the expiry of the AST.

My understanding;

Once Dec 1 has passed without the tenant receiving written notice to leave then it is impossible for the LL to give notice and regain possession on 1st Feb at the end of the fixed tenancy. Which means that notice would then have to be served before 1st Jan to regain possession by 1st march. In the mean time the fixed term of the AST has expired and the tenant moves onto a periodic tenancy.

Would the transition to a periodic make any real difference to the situation?

Would the situation be different in any way if the S21 was not issued during the AST?

Not quite, if served within the fixed term (say Dec 3) then it is a s21(1)(B) which does not have to end on the last day of a tenancy period - so could end 'after 3rd February 2011'. Only an s21(4)(a) needs to end at the end of a tenancy period.

The only effect the end of the tenancy period would have is the difference between an s21(1)(B) served on the last day and an s21(4)(a) served the following day.

Edited by The Masked Landlord

Share this post


Link to post
Share on other sites

Not quite, if served within the fixed term (say Dec 3) then it is a s21(1)(B) which does not have to end on the last day of a tenancy period - so could end 'after 3rd February 2011'. Only an s21(4)(a) needs to end at the end of a tenancy period.

The only effect the end of the tenancy period would have is the difference between an s21(1)(B) served on the last day and an s21(4)(a) served the following day.

Thanks for the reply. I am unsure of the S21 types so will have to look them up.

What if the S21 was the type that was issued months in advance like in the summer?

Share this post


Link to post
Share on other sites

What if the S21 was the type that was issued months in advance like in the summer?

Then that would be a s21(1)(B), with an expiry date no earlier than the end of the tenancy. A s21(1)(B) can end on any day, providing at least 2 months are given.

Edited by The Masked Landlord

Share this post


Link to post
Share on other sites

Then that would be a s21(1)(B), with an expiry date no earlier than the end of the tenancy. A s21(1)(B) can end on any day, providing at least 2 months are given.

So the S21 sent in the summer expires 1st Feb?

Is the S21 of whatever type relevant here though? If notice has not been given by 1st Dec then that sets everything back a month since the rental period is monthly doesn't it?

There is no way of just being booted out on Feb 1st is there unless notice is given by Dec 1st?

Share this post


Link to post
Share on other sites

So the S21 sent in the summer expires 1st Feb?

Is the S21 of whatever type relevant here though? If notice has not been given by 1st Dec then that sets everything back a month since the rental period is monthly doesn't it?

There is no way of just being booted out on Feb 1st is there unless notice is given by Dec 1st?

The s21 sent in the summer will remain valid providing it was served after the deposit was protected (if applicable) and after the tenancy began.

The s21 IS NOT a notice to quit, you are quite within your rights not to leave on 1st February. You can not be involuntarily evicted legally without a court order - the s21 is simply a pre-requisite to getting one. The landlord can not even apply for one until the s21s expiry date. The court process will take 6-8 weeks.

Just to clarify... An s21 has an expiry date, this is the date the notice period expires, the s21 itself remains valid indefinately. It will only cease to be valid if a new tenancy agreement is signed - as it relates to your current one and any subsequent statutory periodic tenancy.

Share this post


Link to post
Share on other sites

what about notice of a rental increase?

does the review have to be carried out and allow you enough time to give notice and end the tenancy at the end of the fixed term?

what happens if you get within the last 2 months of the fixed term but do not agree to pay an increase, it is already too late to give your 2 months notice or are you free to walk at the end of the fixed term? Is the landlord automatically entitled to vacant possession at the end of the fixed term?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 259 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.