Clarification on expiry date for Section 21
Possession - Section 8 and Section 21

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42 Posts
13 years ago
Good afternoon

We have a claim for possession submitted with local county court on behalf ofa landlord.

the tenancy commenced on 10/09/07 (a Monday) the term was for 6 months, rent payemnt weekly from Monday to Sunday.

the fixed term expired on 09/03/08 (A Sunday).

Section 21(4) (A) issued on 09/11/10 to expire on 16/01/11 (a Sunday, with saving clause.

Claim for Possession (N5B) on 09/02/11.

Tenant filed no defence within the 14 days, request for possession order submitted on 04/03/11.

No response from court chased up and court requested to fax a copy of the claim for and supporting documents on 24/03/11.

Received general form of judgment order dated 29/03/11, the judge’s comments as follows.

1. Matter to be listed for hearing on 27/07/11

2. The claimant must satisfy the court at the hearing that the claim was issued after expiry of S21 notice, it appears that the notice expired on 09/02/11 which was date of issue. The alternative date of 16/01/11 was not last day of a period.

What I understand from these comments is that we should have given notice for 3 months?

I have checked our paperwork and it seems that everything is in order and even if we had got the expiry date wrong, we have the savers clause as backup.

Please advise if we are missing anything and why should the expiry date should be 09/02/11.

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