UK Landlord Forum / Life

Hi all

Could I please just double check the correct date for the section 21 form : Section 2 : You are required to leave the below address after: XX/XX/XXXX

In this case the AST started on 10 July 2020 to 09 January 2021 (6 months)

I am correct that the date on the section 21 form (to be served before 9 August 2024) to leave the address would be 9 October 2024 ?

Many thanks for your help and time.

Regards

Mike

As long as the notice is a minimum of two months any date is fine.
If you're posting the form first class allow at least two business days for it to get there.

Quote from: jpkeates on July 21, 2024, 12:20:40 PMAs long as the notice is a minimum of two months any date is fine.
If you're posting the form first class allow at least two business days for it to get there.

Many thanks...I had looked at the guidance on shelter and it stated this.....

The start date should be the date that the notice is served; the end date should be the date that the tenants are required to vacate the property, and should always fall on the last day of any rental period.

It was the reference to 'all ways' and 'rental period' at the end which made me think of the rolling month and that my periods go from 10th of a month to the 9th of the following month.

Having not issued this type of notice before I want to ensure I understand the wording and check I get everything right 

Many thanks or your advice and time

Regards
Mike

It's simpler if the date is the last day of a rental period because there's no rent to adjust in the final month. So it's not the worst idea. But that assumes that the tenants are going to simply comply precisely with the notice.

Best of all is talking to the tenants and giving them more time and flexibility to move out. Formal notice is very abrupt and two months not a lot of time.

The requirement for Section 21 notices of various types needing to end on a rent day are long gone.

Just make sure it arrives with 2 clear months, I suggest people assume Royal Mail may take weeks, so also send via email and if you have a "difficult" Tenant then go there and video yourself putting it through the door and taping a sealed copy to the door.

Do NOT change any of the wording, I have had many thrown out because some smart arse agent changed "after" to "by" on the date to leave.

there are a lot of prerequisites to a valid S21 notice,

Minimum notice  - 2 clear months minimum (ideally 65 days to allow for Service)
More than 4 months since the tenancy started 
Landlord Licence if deemed an HMO 
Deposit Protected in Gov Authorised Scheme 
Deposit Protection Prescribed Information Served.
No Improvement notice or emergency remedial notice served in last 6 months
No Prohibited Payments - Tenant Fees Act (2019)
Any holding deposit repaid or offset against Rent
Valid Gas Safety protection completed throughout occupancy and up to date
Latest How To Rent at time of Tenancy plus latest version at time of S21 (Latter Guidance not law)
Valid Energy Performance Certificate

Not a S21 blocker but still a legal requirement
EICR Certificate

Remember if you are correcting a defect the bundle above needs to be served before the S21, a few days before is good practice.

Also remember to sign the Deposit PI, you no not need to get a signature from Tenant but they need to have the opportunity to sign it, serving the PI provides that opportunity.

Quote from: Mike777 on July 21, 2024, 01:11:15 PM

Quote from: jpkeates on July 21, 2024, 12:20:40 PMAs long as the notice is a minimum of two months any date is fine.
If you're posting the form first class allow at least two business days for it to get there.

Many thanks...I had looked at the guidance on shelter and it stated this.....

The start date should be the date that the notice is served; the end date should be the date that the tenants are required to vacate the property, and should always fall on the last day of any rental period.

It was the reference to 'all ways' and 'rental period' at the end which made me think of the rolling month and that my periods go from 10th of a month to the 9th of the following month.

Having not issued this type of notice before I want to ensure I understand the wording and check I get everything right 

Many thanks or your advice and time

Regards
Mike