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  • Buy-to-Let

    Ending a 6-month AST

    If the last day of a 6-month AST is the 12th of February and a Section 21 is to be served, does the tenant need to receive the form 6a by the 11th, 12th or 13th December?

    (Deposit correctly registered, EPC issued etc etc).

    What happens if the tenant receives it on the 13th of December? Does the landlord have to wait another month for them to leave?

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    I believe if the tenancy started after 2015 that the new section 21 does not need to end on a period of tenancy .

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    Irrespective of the date you serve you only need to give two months notice as long as there has been a previous fixed term tenancy. The case of Spencer v Taylor stated that all notices were s21(1)(b) notices if there was a prior fixed term and this notice only needs to give two clear months notice.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Thanks to you both!

    So as long as we give them two clear months from today (i.e. 15th of February) then that will be fine?!

    That’s perfect. Cheers!

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    AT LEAST two clear months from SERVICE date. So, for example, if posted 1st class tomorrow morning, the 14th, it would be deemed served 16th.  To be on the safe side I'd add 2days, so s21 expiring 18th Feb. See

    https://www.landlordlaw.co.uk/landlords/...ices/intro

    ""Deemed service rules

    It is not always realised that a notice is sometimes treated as if it was served on a different day from the day that you delivered or posted it.  These are the deemed rules of service.

    • Personal service - If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.
    • First class post - The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
    • Delivering the document to the property (eg putting it through the letter box, attaching it to the door, etc) after 4.30pm - the next business day
    • Fax - if it is transmitted on a business day before 4.30pm it is deemed served on the same day, otherwise on the next business day
    • Other electronic method - If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.

    Note also that

    Deliveries after 4.30 pm are treated as being served on the next business day

    'Business day' means any day except Saturday, Sunday or a bank holiday (and bank  holidays include Christmas Day andf Good Friday). 

    NB Some people consider that these rules may not apply to notices, which are served before the court proceedings have started.  My view is that if you comply with the deemed service rules you will be safe and it is better to be safe than sorry.""

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