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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have tenants in a property under an AST for 12 months which

Resolved Question:

I have tenants in a property under an AST for 12 months which started on the 24 August 2013 and the last day is 23 august 2014. I have not yet served the s21(b) notice.

Can I do this up to the last day of their AST

I am thinking of serving the notice tomorrow, the 4th July 2014 and am not sure if the 2 months notice would fall on the 3rd September or 23rd September (which is the last day of the original AST)
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Are you asking if you can do it early?
Customer: replied 2 years ago.

I'm not sure. As the AST expires on the 23rd August. I assumed that I had to serve the s21 2 months before the expiry date therefore 23/24 June and I have gone past this date and am now worried.


 


Then I assumed that I could serve the 2 months notice at any time during the AST provided possession wasn't until after the 23 August. So I thought if I served it tomorrow the 4th July then the 2 months would fall either on the 3/4 sep or 23 Sep

Expert:  Jo C. replied 2 years ago.
To end the AST on the 23rd August you would have had to serve by the 23rd June.

If you serve the S21 notice tomorrow then time will begin to run from the 23rd July which wil mean notice will expire on the 23rd September and so you can legitimately seek possession if he has not gone then.

With ASTs its always best to serve a S21 notice the day after the start of the contract. You don't have to enforce it but its done if you need to and you can bring an AST to end at its conclusion.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thank you. Just one last question. If I serve the s21 tomorrow and my tenants decide that they want to remain at the property. would the new AST run from the 23 September and what would happen to the s21 I have served

Expert:  Jo C. replied 2 years ago.
No, you can sign a fresh AST from the August date.

Just don't enforce your S21 notice if that is what you prefer.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
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