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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I have a tenant who is on a periodic tenancy she moved in

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HI There i have a tenant who is on a periodic tenancy she moved in the property on the 9th March 2020 what notice do i have to give her,
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no i can see i have to issue her a section 21 i think but just need to get the dates right
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i do have a family member moving in ???

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

A Section 21 Notice must give at least 2 months notice normally however during the current pandemic emergency legislation requires you to give 3 months notice.

You should therefore give at least 3 months notice from the date you serve the notice (it is good practice to add a day or two to cover postage).

It's best practice to serve the notice to tie in with the rent due date (it makes rent calculation easier) but this is not a requirement. Either way you must give a minimum of 3 whole months notice.

Even after the 3 months, if the tenant doesn't go voluntarily then you will then need to apply for a court order to evict the tenants so bear that in mind when making plans for your family member to move in.

There are lots of formalities required to serve the s.21 notice. Get it wrong and it could be invalid.

You can find some advice here: https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

If you want to make sure you get it right it's often worth getting a solicitor/ letting agent to send the notice for you. You can find a solicitor that specialises in housing here: https://solicitors.lawsociety.org.uk.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Customer: replied 1 year ago.
ok thank you so even though she moved in on the 9th March but the rent is due just before the last day of the month or on the 1st. so just to get this right if i serve notice today i would put the end date as 2nd September 2020, i need to get this right as the tenant is vile.

No today is the 3rd do you should serve the notice to expire no earlier than 4th September.

If you are posting it then it's a good idea to give until 6th September to account for the postage time.

You can charge her for the extra days rent beyond the 1st, you'd just have to work out the daily rate. You can work all this out later on though.

Customer: replied 1 year ago.
do you have a section 21 template ???

There is also a notes document on that link, use that in conjunction with the form.

Does that answer your query for you or do you require any further clarification?

Aaron D and other Law Specialists are ready to help you