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Information Corner
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Section 21 - Notice of Possession Order. To buy a Section 21 Notice for either a Fixed Term or a Periodic Tenancy, please click here.
Section 21 of The Housing Act 1988 , stated that a minimum
of two months notice must be served on a tenant. In 1996
the Housing Act was amended slightly and under section 98
of the 1996 Housing Act it is stated that the notice must
be served in writing. If you need to go through the accelerated
possession procedure proof of notice is required so you
must give notice in writing. Service
of notice can occur at any time after the commencement of
the tenancy. Do not give notice before the tenancy has started!
However, you must allow the tenant to be in situ for a minimum
of 6 months. Ensure the format of the notice and to be really safe you need to use the Section 21 as legally prescribed (ours cost just £1.99) All
the tenants must be named on the notice especially in the
case of sharers. If you want to be really careful then serve
each individual with notice. Please
note that the serving of notice varies according to the
type of tenancy. Periodic
Tenancies: These
are tenancies that have gone past the fixed term and are now into
"periods". A period being the time the rent is paid.
i.e. every month or every 2 months etc. Notice can be served on
the tenants and again you must give at least 2 months notice, but
you must ensure that the notice period brings the tenancy to an
end at the end of a rental period. Therefore, if the rent is paid
on the 25th of each month, ensure the notice will bring the tenancy
to an end on the 24th of the month. For example I receive rent
from my tenants on the 25th of each month. Today is the 30th.
I have to give 2 months notice and bring the tenancy to an end
at the end of a rental period. As I have just missed the 24th
July I can give notice to the tenants for possession of the property
on the 24th October 2001 . If I had thought about it I could have
given notice to the tenants on the 20th of July and had the property
back on the 24th September 2001 . Note
if the rent is paid quarterly then you can only give notice to
run out at the end of the quarter. Always
keep a copy of the notice served and of any covering letter. To buy a Section 21 Notice for either a Fixed Term or a Periodic Tenancy, please click here. £1.99 each. |
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