Tom39 said: Posted on: 04/07/2017 08:22
Dear Advice Team.
I have just read the "Guide to Which 21 Notice to Give and When to Give It". The document is very well written and succeeds in simplifying to a degree the absurdly over-complicated legalities to be weighed.
These same legalities appear almost calculated to trip any Landlord up and – as described in your own Guide - clearly impede the understanding of even the Courts which administer them. This benefits no-one except the lawyers. I would respectfully suggest the RLA devotes its considerable professional authority to persuading the Government to unravel and simplify this nonsensical situation.
In the meantime, I find myself too unwell to address the many complexities of issuing a S21 and would be unable to cope with the considerable consequences of getting it wrong. I would therefore be grateful if you would assist me in detail.
The original Tenancy Agreement was an RLA 2012 AST for six months commencing Friday 27/01/12, with a weekly rent payment day of Friday.
The RLA’s 2012 AST specifically provides for a contractual periodic tenancy which provision was not cancelled prior to the end of the fixed term.
The Agreement became periodic upon expiry and has therefore continued as a contractual periodic tenancy, although I note that your advice under Documents & Guides/ Ending a Tenancy/ Section 21 (1) and Section 21 (4) refers only to a statutory periodic tenancy.
Given my understanding that a S21 (1) cannot be used for contractual periodic tenancy I understand that I need to issue a S21 (4)
There are no obstacles to my issuing a S21 that I am aware of with – see below:
• EPC (Issued 2009/ Previously copied to Tenants but will attach a further copy)
• Prescribed Information for Tenants “How to Rent” (Previously copied to Tenants but will attach the latest Feb 16 version)
• Deposit Registration & Prescribed Information for Tenants (Registered within 30 days of receipt and copied to Tenants but will attach further copies)
• Smoke Detectors (Previously installed but will be rechecked tomorrow)
• Landlord’s Gas Safety Certificate (Current and will attach a further copy)
• HMO Registration (House is de-facto HMO due to known sub-letting but currently no mandatory licencing is required for the house locality)
Have I forgotten anything?
If I issue the S21 (4) tomorrow, Wed 05/07 and wish to obtain the earliest move-out date, what date should I use for on the S21 (4) under “After” to end this weekly contractual tenancy? Fri 01/09 (eight weeks elapse from 05/07) or Fri 08/09 (two calendar months plus from 05/07)
To ensure that all sub-tenants leave, known or not, how should I word the relevant section “To” of the S21 (4)?