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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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Serving section 21 notice to tenant Assistant: Thank you.

Resolved Question:

serving section 21 notice to tenant
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Here is the background: ( also no deposit was taken for the house )The Assured Shorthold tenancy agreement started on 11 june 2015 for 12 months, then after that time we just verbally agreed / and by text, for him to stay at the house as per normal. so its a periodic tenancy..Rent is £425 monthly but payment varies month to month with no fixed date as he is on benefits and just paid when and however. The housing benefit was given direct to him.
As of 12 sept. the housing benefit is paid direct to me £345 monthly. but missing 1/2 sept. so arrears are nearly 1k.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
i need to put a date on the Section 21 notice requiring possession and not sure what date it should be for tenant to leave.
Customer: replied 1 year ago.
here are all the documents, a date is needed so I can send the notice by post. , as the house is in Wales, and I live in Essex.
Expert:  Jo C. replied 1 year ago.

If you are serving notice today then the end date is the 10th December.

The term date is the 11th. Your notice therefore will not start to run until the 10th October and must run for two months which takes you until December.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I would like to send the notice by 1st class post today from 2 different post offices to make sure it arrives ok, so is that ok, if i get proof of postage from both post offices, also the date I give on the form is ..After 10 december, is that correct .
kind regards,
sharon
Expert:  Jo C. replied 1 year ago.

Yes, first class post. Although you can always send it recorded delivery.

Customer: replied 1 year ago.
thank you, is this Section 21 the correct notice for the tenancy in the first place? I have just downloaded it from the internet. The tenancy is periodic i believe as its over the 1st year fixed term. I just don't want to make a mistake.
Customer: replied 1 year ago.
also i did not issue an epc at the time of tenancy, so should I send one with the section 21 notice. thats the last question.
kind regards,
sharon
Expert:  Jo C. replied 1 year ago.

Yes, even though it is a period you still have to use the S21 notice procedure.

Customer: replied 1 year ago.
the end date is 10th december and the term date is the 11 th, so which date do i put on the form to say the tenant has to leave after? is it 10 or 11 december, still not clear. so sorry
Expert:  Jo C. replied 1 year ago.

The 10th.

The 11th would be giving them an extra day.

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