Section 21 & Accelerated Possession Eviction: Family home :(

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    Section 21 & Accelerated Possession Eviction: Family home :(

    Hi,
    We're looking to return to our previous main & only home after renting & working temporarily down south. Our tenant (who receives benefits from the council), after receiving the section 21 has informed us the council has recommend them not to leave until a court order is issued. As I prepare to go through the court process (which seems straightforward enough) I wanted to check my facts were in line with what the law requires etc This is/will be our main/only home when we get it back so looking to avoid re-setting the court process through any mistakes etc

    -The 6 month tenancy and section 21 refer to me (the landlord) as Mr J Smith (example), should I use this format for my name on the 'accelerated possession form' or my full name 'Mr John Smith' ?
    -The accelerated possession form asks if the previous tenancy agreement was between the same parties; as the previous agreement had my wife as a co-landlord where she wasn't present on the recent 6 month form (I don't know why); my answer would be no?

    -The tenancy agreement stated that after 6 months it would turn into a periodic tenancy, this happened after the section 21 was sent but before it expires; does this mean we have a 3rd agreement (12 month->6month->periodic); I assume not?


    Many thanks in advance; difficult to express how let down we feel by the local council for using this 'gatekeeping' as a method to fulfill their obligations; the tenant was aware this was medium term although we did not use section 8 ground 1 at any point.



    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Sole Tenant

    Q3 – What date did current TA start dd/mm/yy?
    03/05/2017

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    6 month (following on from a previous 12 month contract started 03/05/2016).

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    Monthly on the 1st of each month

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    Yes, 03/05/2017

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenant's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    A section 21 has been given for the tenant to leave the property 'after 1st December 2017' by a letting agent (I'm confirming method and witness)
    The section 21 was dated/sent 25/09/2017


    Q8 – Does the landlord live in the same property as the tenant?
    No

    -I'm confident that energy certificate and other requirements were met but I'm in the process of confirming this.

    #2
    Was the deposit protected and full prescribed information given within 30 days?

    Energy performance certificate, gas safe certificate, how to rent booklet (paper copy unless explicit agreement that electronic is okay)?

    The section 21 notice itself on Form 6A?
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Thanks KTC.

      The section 21 notice was on form No. 6A
      The deposit was protected and the info was sent back within 30days.
      The tenant has signed on the 6 month tenancy agreement receipt of:
      -EPC, Gas safety, Deposit T&C's,How to rent guide

      Comment


        #4
        From your OP its not clear whether the TA creates a contractual periodic tenancy when the fixed term expires or whether it would just be an SPT. Could you reproduce the exact wording as this may have a bearing on the notice period

        Comment


          #5
          Thanks for your reply: The clause I can see that relates to ending the tenancy is as the attached pic.

          The only other info I can find is in the following linked thread.



          Attached Files
          My questions concerns notice to my tenancy; I've searched many many pages here and not found an answer to my particular query, although many go close....apologies if it does duplicate. I signed a contract in 2007 for a six month tenancy, paying monthly, (with a reputable agency), which after the six month period, then continued on a month by month basis. The clause in the contract which covered this continuation states... "The premises and the furniture shall be held by the tenant for the

          Comment


            #6
            That clause allows tenant to give usually shorter notice than the law requires and requires landlord to give usually longer notice than the law requires: Although only says "can" not "must".

            Why? What advantage to landlord? (But they oddly might not apply during periodic).

            Is landlord named as agent? Odd that it specifically denies option of tenant giving notice to landlord only: Bonkers.

            Where did you get it from? I hate to think what else lurks within the agreement.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by dan_temp_landlord View Post
              Thanks for your reply: The clause I can see that relates to ending the tenancy is as the attached pic.
              What about the clause stating how long the tenancy is - "This term of this tenancy is for 6 months" / "This tenancy runs from X to Y" / "The term of this tenancy is for 6 months thereafter from month to month" etc.

              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                See length of tenancy sections, thanks again.
                Attached Files

                Comment


                  #9
                  Why, just... why? Whomsoever came up with that. Seriously, were the drafter trying to create problems with possibly an uncertain term?

                  A tenancy for a period of 6 months (what is that / doing there?) is a fixed term tenancy of 6 months. It will end at the end of that 6 months. That's the whole point of a fixed term tenancy.

                  So 27.1 talks about after the last day of the fixed term, at the same time as saying the [tenancy] agreement will not end without a month notice by the tenant. Is it trying to imply that there's a contractual periodic tenancy going on after the fixed term? If so, that's not supported by 1. If we have a statutory periodic tenancy instead, then so long as it's an AST, anything it says about how the tenancy may be determined is meaningness.

                  As theartfullodger pointed out, notice to agent only? Why? Does the contract even specify who the agent is exactly?

                  Please just use a standard tenancy agreement in the future.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    Thanks once again all, the tenancy was a standard copy we were given by agents but oviously frustating to have so many non standards or confusing clauses.
                    -The tenancy specifies who the agent is in the definitions.
                    -The attachment/image shows section 5 which suggests what the agreement was/is trying to be.

                    Q1) Do you think the CPT/SPT issue (it definitely says it's an AST) effects the dates the section 21 uses?

                    Q2)The 6 month tenancy and section 21 refer to me (the landlord) as Mr J Smith (example), should I use this format for my name on the 'accelerated possession form' or my full name 'Mr John Smith' ?

                    Q3)The accelerated possession form asks if the previous tenancy agreement was between the same parties; as the previous agreement had my wife as a co-landlord where she wasn't present on the recent 6 month form (I don't know why); my answer would be no?


                    Thanks again.
                    Attached Files

                    Comment

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