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Tuesday, August 07, 2012

Weekly Tenancies and Section 21 Notices


Landlords need to be aware if they have a weekly tenancy that the date for the Section 21 Notice might not be straight forward.

A weekly tenancy is one which is now periodic and rent is payable weekly.  When calculating the dates for your Section 21 Notice, you  first need to look at the day of the week the tenancy  became a periodic tenancy and this will give you your tenancy period.

For example if your fixed term ended on 31 July 2012, your periodic tenancy starts on Wednesday 1 August 2012, you then have a tenancy period that runs from a Wednesday to a Tuesday.

Using this example, when you prepare your Section 21 Notice you need to give the tenant at least two months notice and it must expire on a Tuesday.

This may seem straight forward but I have had many landlords who just give 2 months notice to expire on the last day of the month.  I have also had situations were the Court have queried the validity of the Notice because at first glance it appears to end on the wrong date when the Judge has not picked up that the tenancy is weekly.

If you require any assistance preparing a Section 21 Notice or you would like your Notice checked please do not hesitate to contact me at propertyhawk@fidler.co.uk
 
Rebecca
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