Q&As

An AST includes a start and end date but also describes itself as a periodic assured shorthold monthly tenancy. Therefore it is unclear whether it is a fixed term AST or whether it is a contractual periodic monthly assured shorthold tenancy. The landlord wants to recover possession. Should he serve a notice under s 21(1) or s 21(4)?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 03/08/2016

The following Property Disputes Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • An AST includes a start and end date but also describes itself as a periodic assured shorthold monthly tenancy. Therefore it is unclear whether it is a fixed term AST or whether it is a contractual periodic monthly assured shorthold tenancy. The landlord wants to recover possession. Should he serve a notice under s 21(1) or s 21(4)?

An AST includes a start and end date but also describes itself as a periodic assured shorthold monthly tenancy. Therefore it is unclear whether it is a fixed term AST or whether it is a contractual periodic monthly assured shorthold tenancy. The landlord wants to recover possession. Should he serve a notice under s 21(1) or s 21(4)?

The answer will depend on the specific tenancy agreement. For the purposes of this Q&A, we have assumed that the landlord is not a social housing provider and we have not focussed on the procedure relating to recovering possession after a valid s 21 notice has been served or matters which affect the validity of any s 21 notice.

This wording in such an AST leaves some doubt as to the type of tenancy currently in place.

Whether a notice is served under s 21(1) or s 21(4) of the Housing Act 1988 (HA 1988) the minimum period of notice which must be given is two months.

Further, where an assured shorthold tenancy has come to an

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