Island Life Magazine Ltd April/May 2015 | Page 115

ISLAND LIFE MAGAZINE Roach Pittis advice By Christopher Prew Roach Pittis Solicitors, 60 - 66 Lugley Street, Newport, PO30 5EU 01983 524431 [email protected] Relief for landlords A t the end of shorthold tenancy a landlord must serve a notice requiring possession if he wishes to regain possession of residential property. The notice is commonly known as a Section 21 Notice. If the tenancy is a fixed term and it is still within its term the notice must be given pursuant to Section 21(1) (b). However, if the tenancy has rolled over into a statutory periodic tenancy, then the notice that is required must be given pursuant to Section 21(4)(a). The former notice simply requires not less than two months’ notice to be given. The end date does not have to coincide with the end of the term. Nor does it need to have an end date which is also the end of the period of tenancy. It is difficult to get it wrong using this form of notice. Where the fixed term has ended the notice must be given under Section 21(4)(a) and these notices have caused difficulty for landlords who consistently get it wrong. The notice must be for not less than two months and the date for giving possession must coincide with the end of the tenancy. It is not always easy to identify a period of a tenancy. The Court of Appeal in the recent case of Spencer v Taylor determined that a notice under Section 21(1)(b) may also be used for a periodic tenancy provided The decision of the Court of Appeal has made the procedure more straight forward for Landlords. the tenancy was originally for a fixed term tenancy. This decision means that a standard Section 21(1)(b) Notice can now be served at any time as long as there has, at any stage, been a fixed term tenancy. The Section 21(4)(a) Notice need now only be used in cases where there has been a fixed term and the tenancy has been periodic from the start. The decision of the Court of Appeal has made the procedure more straight forward for Landlords. Section 21(1)(b) Notices simply have to give two months’ notice in writing and there is no need to worry about the period of the tenancy or about what date the Notice needs to expire on as long as it is more than two months from the date it was served. If you are worried or concerned about serving notice or commencing possession proceedings please do not hesitate to contact our litigation team. www.visitilife.com 115