Here is a blog clinic question from Richard (not his real name) who has a question about a section 21 notice:
My query relates to a statutory periodic AST and service of a S.21(4)(a) notice.
i.e. A tenancy commenced on 11th June 2007 for a fixed term of 36 months. The agreement has now expired and has become statutory periodic.
The contractual rent is £400 per calendar month due on the 1st of each calendar month, although paid four-weekly by housing benefit.
The tenant has been served with a S.21 notice requiring possession which expires on the 10th April 2012. The notice states that “possession is required by virtue of S.21 of the Housing Act 1988”, but does not state a subsection.
Is this notice correct?
I have looked at a case called Meya and that refers to the rent period i.e. the above notice would be incorrect as the periods run from the 1st of the month until the end of a month. I know that housing benefit are paying every four weeks but I don’t believe that will change the situation, or will it?
Your assistance with this would be appreciated as advice received from a variet of sources has been different
My view is that it is quite simple. The tenancy would have ended on the 10th day of a month. The periodic tenancy would have started immediatly afterwards – otherwise there would be a period of time without a tenancy – which is a nonsense.
So the periodic tenancy will run from the 11th day in the month to the 10th. So the last day of a tenancy is the 10th day.
The housing benefit cannot change the contractual agreement just by paying the rent on a different day. They are not even a party to the agreement anyway, they are just a third party paying the rent.
So long as the notice says section 21 that is enough. So you should be fine. But in future PLEASE use a saving clause, then you won’t have this sort of worry.