Section 21 4 A
The periodic tenancy, also called a "week to week" or "month to month" tenancy, is a tenancy type that is regulated by the frequency of the rental payments. Either the tenant or landlord can choose to end a periodic tenancy by providing notice to the other party, when the term or period is coming to an end.
The Section 21 4 is a repossession form is used when the landlord wishes to end the tenancy and this notice must give the tenants 2 months notice as a minimum. Section 21 of the Housing Act 1988 was amended by the Housing Act of 1996 and now includes the requirement that any landlord should provide their tenants with two months notice in writing, declaring that repossession of the property is being sought. The Section 21 4 a eviction notice should just be utilised for a tenant having a tenancy that has transferred into a statutory periodic tenancy, that is to say a tenancy that has continued on subsequent to the expiration of a fixed term AST.
Click Here to Use The Section 21 4 a Notice Creator
Section 21 4 A
As stated in the 1988 Housing Act in Section 21 4 a, the repossession notice, which is the notice that should be served whilst in a periodic tenancy, should have an expiry date which is the last date in a period of the tenancy; meaning the date on which the notice runs out has to be the last day of a period in the tenancy.
The tenancy period is subject to the frequency of the rental payments being made. Following these lines, if the rent is paid monthly then the tenancy period is a month. A landlord or tenant can work out which date is the final day of the period in their tenancy agreement by looking at the first fixed term tenancy agreement; as a periodic tenancy commences directly after the fixed term runs out.
Section 21 4 A - Example of Notice Period
Let's say the tenancy period is for each month and the first day of the existing period is 8th March then the final day of that period will be 7th April and thus any notice served during the present tenancy period would need to calculated so as to run out on the last day of a period plus an extra 2 months; which is this scenario is 7th June.
One of the most cited reasons that a Section 21 4 a repossession notice has been deemed invalid by a court is where a landlord has written an erroneous date in the repossession notice.
Repossession notices can be served by post or personally. All courts acknowledge the day of service to be the date on which the document would generally have been delivered. Landlords should be aware that all tenants must be individually named, however in the situation of joint landlords; just
one landlord can serve the repossession notice.
A final note on these Section 21 4 a repossession notices; it's wise to mail any repossession notices by recorded delivery, allowing three clear working days for delivery.
