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Question Title: Serving Sec.21 notice at start of tenancy
| Question: 401 |
| It has been our company's policy to give the tenant a copy of the section 21 notice after they have signed the tenancy agreement. We get them to sign an acknowledgement of service whilst they are in the office. We operate in a garrison town and we do not always know where they are going to be in the world during their tenancy. We have never had any problem until recently when one of our tenants said that we had to give her one months warning of the end of the tenancy. Is this true? Are there any other problems with giving notice at the start of the tenancy?
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| Answer: |
| There is no legal provision that requires an agent or landlord to give this one month warning to the tenant. Once a section 21(1) notice has been issued it will legally expire at the end of the tenancy. However there are some potential problems with issuing that notice on the same day as the tenancy itself is signed. You cannot issue a valid notice to terminate a tenancy until the tenancy itself has been created. Should you have to go to court to obtain possession then you will have to prove the sequence of events as this will not be apparent on the face of the papers as the date on the tenancy agreement and the notice will be the same. If you do continue to do this then any acknowledgement of service signed by the tenant should clearly indicate that the tenancy is already in existence.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 21 |
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factsheet-21
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For more information, discuss on the Forum
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