Which Section 21

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Hello,
I have read the advice on the guides re section 21 notice but would still appreciate some clarification. I am using the RLA AST version 08-2010 for a long running tenancy which at the end of the initial 12 months term became a "monthly contractual tenancy". The tenant must give a month's notice to end I it and the notice period must end on a rent payment day. It also says that "The landlord giving a section 21 notice must give at least two months notice in writing". It does not specify that this 2 month period should begin or end on a rent payment day.

My question is this....do I now have a contractual periodic tenancy? If so, can I use a Section 21(1) notice to give 2 months notice to end it on any day of the month, not necessarily a rent payment day? Or do I have to use a Section 21(4) notice that ends at the end of the monthly period? I ask as it is my understanding that the term of the periodic tenancy is 1 month, renewing every month, so by giving 2 months notice I am giving it before the start of the next monthly period to end after the end of that same monthly period.

The crux of this is that I have a tenant who has become antisocial and we are getting lots of complaints from other residents. I would like to give notice now rather than wait until the next rent payment day which is almost a month away.

Thanks in advance.
09/03/2016 17:59

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