Assured Shorthold Tenancy’s (AST’s) were introduced cialis generic vs brand in February 1997. Since then most Landlords have usually granted AST’s for fixed terms of either 6 or 12 months. If the Tenants stays beyond the fixed period then this is regarded as ‘holding over.’ To recover possession of the Property the Landlord can serve a Section 21 Notice (under the Housing Act 1988).

The Section 21 Notice may be served before any fixed term expires or even at the beginning of the Tenancy (but we would suggest no earlier than the second day of the Tenancy).

The Section 21 Notice must give at least two months notice to the Tenant but there are some different rules depending on whether the Section 21 Notice is served during the initial fixed term or when the tenant is ‘holding over’.

Section 21 Notice served during the initial fixed term:
Simple. Two months notice is given at any time and on the expiry the Landlord is entitled to possession. The only proviso to this is that the earliest the Landlord is entitled to possession is at the end of this initial fixed term. So, for example, if you have granted a six month Tenancy and serve the notice on the second day of it then the Section 21 Notice does not expire Brand Cialis until the end of the 6 month initial fixed term.

Section 21 served after the initial fixed term:
Not so simple! If the Tenancy is beyond the initial fixed term then two months notice must be given but it must also expire on the ‘last day of a period the Tenancy’. The last day of a period of the Tenancy would usually be the day before the rent is due.

What’s the last day of a rent period?
Let’s say that we have a 6 month AST which was entered into on the 5th June 2008.
The rent is payable on the 5th of each month. The rent period would be:
5th of one month – 4th of the following month
The last day of a rent period would be the 4th.

Where its not so easy to calculate:
However, what if we had the 6 month AST entered into on the 5th June 2008
Significantly, here the rent is payable, or actually paid, on the 12th of each month. The end of the rent period would not be so easily ascertainable. Is it the 4th as above or is it the 11th (the day before the rent is paid) ?

Because of this ambiguity savvy Landlords complete Section 21 Notices so as to refer to a specific date and also that the notice may expire ‘at the end of a period of your tenancy which will end next after the expiration of two months from the service upon you of this notice.’ Both bases covered!

Remember, Landlords also have a remedy to recover possession using Section 8 Notices. This is particularly useful if the Tenant has breached the terms of the Tenancy and it may allow a Landlord Viagra Professional to recover possession more quickly than a Section 21 Notice.

This is not legal advice. Always take specific legal advice before taking any action.

Author Bio: Paul Gelder is a Partner at MS LAW Solicitors LLP, a law firm acting for Landlords and investors in all aspects of Property related work and Landlord Tenant disputes. Visit us at: http://www.ms-law.co.uk/evict-your-tenant/ and on 0161 772 4500

Category: Finance/Investing
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