Q&As

A Landlord wishes to serve a section 21 notice. The AST commenced on 13 March 2013 for a fixed term for six months. The tenant paid rent monthly. The AST is now a statutory periodic tenancy. It is understood that section 21(4) is used where an AST is granted as a periodic tenancy from the outset. Therefore, section 21(1) will be relevant here and not section 21(4). Please confirm this is correct. If the notice is served by recorded delivery when will it be deemed served and what method of service should be used?

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Published on LexisPSL on 02/01/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A Landlord wishes to serve a section 21 notice. The AST commenced on 13 March 2013 for a fixed term for six months. The tenant paid rent monthly. The AST is now a statutory periodic tenancy. It is understood that section 21(4) is used where an AST is granted as a periodic tenancy from the outset. Therefore, section 21(1) will be relevant here and not section 21(4). Please confirm this is correct. If the notice is served by recorded delivery when will it be deemed served and what method of service should be used?
  • Section 21(1) or 21(4) notice in the context of a statutory periodic assured shorthold tenancy (AST)
  • Serving a section 21(1) notice

A Landlord wishes to serve a section 21 notice. The AST commenced on 13 March 2013 for a fixed term for six months. The tenant paid rent monthly. The AST is now a statutory periodic tenancy. It is understood that section 21(4) is used where an AST is granted as a periodic tenancy from the outset. Therefore, section 21(1) will be relevant here and not section 21(4). Please confirm this is correct. If the notice is served by recorded delivery when will it be deemed served and what method of service should be used?

Section 21(1) or 21(4) notice in the context of a statutory periodic assured shorthold tenancy (AST)

A landlord can use either a section 21(1) or section 21(4) notice in the context of a statutory periodic AST which was continuing following expiry of the fixed term.

It had previously been assumed that a section 21(1)(b) notice could only be served where the notice is being served before or on the day the fixed term of a tenancy terminates and, accordingly, if the notice was served during the statutory periodic tenancy, then a section 21(4)(a) notice was appropriate. However, it was clarified

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