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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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Tenant on Shorthold Tennancy contract for 12 months from 09/08/13

Customer Question

Tenant on Shorthold Tennancy contract for 12 months from 09/08/13 to 8/8/14. No renewal done. Upon signing of contract tenant was served with section 21 which expired 8/8/14. According to our understanding 'Tennat is under SPT'. We have received the rent on advance for the month 09/08/14-08/09/14.
Question: Can we apply for possession using that original Section 21 in the Courts of Law and start proceedings immediately or Do we have to serve a new one??
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

You can rely on a S21 notice for up to one year. You do not give the dates of your original S21 notice but I suspect it was more than one year ago.

In any event, if your original S21 gave a vacation date of the 8/8/14 then it would be wrong now.

You will therefore need to serve a fresh S21 notice on or before the rent date giving a further two months notice.

The advantage is that you are now in a periodic tenancy agreement so you dont' need to give a reason for demanding possession.

Sorry if this is bad news.

Can I clarify anything for you?

Jo

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