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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice.
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My tenants are on a 6month ast, ending 1/10/14. If I issue

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My tenants are on a 6month ast, ending 1/10/14. If I issue a section 21 notice on 01/08/14 but then allow the tenants to stay, where do I then stand if they play up again and I want the property back? would I issue a section 21 again?
Also as the 6 months ast ends on 01/10/14 and if i allow them to stay, would i then need to create a new AST and would this then invalidate the expired section 21 notice?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can rely on a S21 notice normally for one year.
However, here there is a cross over between one agreement and another so your dates on the S21 notice would be wrong to be relied upon past August.
The way forward is to serve a S21 notice in every case the day after the creation of a contract. You don't need to enforce it at the end if they are well behaved but its done if you need to.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Jo,

Please can you clarify this - However, here there is a cross over between one agreement and another so your dates on the S21 notice would be wrong to be relied upon past August.

Do you mean that i can issue a s21 now, then if they behave resign an ast on the 1st of Oct, then reissue a s21?

Many thanks,

Lou

Expert:  Remus2004 replied 3 years ago.
Yes, basically.
You can rely on S21 notice for one year.
However, because there is a new contract in October, your existing S21 will contain the wrong dates so you need to serve another on the 2nd October.
Get into the habit of doing this. Every time there is a new contract serve a new S21 notice on the second day. You don't need to enforce it but its done if you ever do need it.
Customer: replied 3 years ago.

Sorry to be a pain, so to clarify. I will reissue a s21 on 2 Oct which covers me for a year, so if they play up in Feb, i would just need to apply to the court for a possession order, as the s21 still stands?

thanks for your time

Expert:  Remus2004 replied 3 years ago.
Yes, thats right.
But if you issue a new contract at any point, issue a new S21.
Remember the dates on your S21 must be correct.
So, if the first AST starts on the 1/1/15 then issue a S21 notice on the 2nd January citing the 31st December 2015 as the end date.
If you want to let them stay issue a new AST on the 1/1/16 and a new S21 notice on the 2/1/16 citing end date 31/12/16
Then you will be covered at all times.
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