Free Section 21 4 a Notice
Section 21 4 a
A periodic tenancy, also known as a tenancy from month to month, or week to week, is an agreement that exists for a period of time and is governed by the term of the rental payment. Either one of the landlord or the tenant can terminate a periodic tenancy, when the period or term is approaching completion, by giving notice to the other. Although neither tenant nor landlord may terminate a periodic tenancy before the period has finished.
A Section 21 4 a Periodic Term Tenancy form is used to show that the landlord wants to terminate the tenancy and this must provide the tenant with at least two months’ notice in writing. The Housing Act 1996 amended Section 21 of the Housing Act 1988 to include the clause that the landlord provides tenants with a minimum of two months’ notice stating that possession of the property is wanted, in writing. The Section 21 4 a Notice should only be used for a tenant whose tenancy has turned into a statutory periodic tenancy, i.e. a tenancy that carries on after the expiration of a fixed term assured shorthold.
According to the Housing Act 1988, Section 21 4 a, the Section 21 Notice, which is the notice served during a periodic tenancy (i.e. after the fixed term has ended), the date of expiry must be “the last day of a period of the tenancy”. This means the day on which the notice expires must be the final day of a period of the tenancy.
Section 21 4 a
The period of a tenancy depends on how often the rent is paid. Thus, if the rent is paid monthly, then the period of the tenancy is one month. In order to find out what day is the last day of the period in an individual tenancy, landlords will need to refer to the original fixed term tenancy. The periodic tenancy begins immediately after the fixed term expires.
For instance, if the period of the tenancy is monthly and the first day of the current period is 15th June then the last day of that period will be 14th July and so a notice served during the current period would need to be completed so as to expire on the last day of a period after a further 2 months (i.e. 14th Sep).
A word of warning, that where a landlord has put the wrong date in the notice is one of the most common reasons a Section 214 a Notice is seen to be invalid.
Section 21 4 A Notice
can be served in person or by post. The courts will recognise the day of receipt, and therefore service, as the day on which the letter would normally have arrived. Landlords should also note that every tenant should be named individually, although in the case of joint landlords, only one landlord needs to serve the Section 21 Notice. Finally, it’s sensible to send any Section 21 Notice by recorded delivery, allowing 3 days for delivery.
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