AST- for 6 months but T won't go- is s.21 a must ?

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  • AST- for 6 months but T won't go- is s.21 a must ?

    If a landlord feel for whatever reason, not to renew a tenant's Ast contract after the six months expiry date, is the landlord obliged to keep the tenant if he doesn't want to move ?
    Should the 2 months notice of "section 21" still be served after the six months, when talking is not enough ?

  • #2
    I think what your asking is can you stay in the accomodation even if the LL wants you out?

    Provided the LL gives you a S21 and is served with the correct notice at the end of, or after the AST expires, you should leave. You can of course stay, but you will be taken to court and evicted by the bayliff.

    Talking is never enough, proper notice in writing is the only safe route.

    Comment


    • #3
      dazalock, you've given a most confusing answer to a confusing question. It's mumbo-jumbo!

      The poster doesn't say if he is the landlord or the tenant and your answer is all over the place if I might say so!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


      • #4
        Hi

        Little explanation Yes i am a landlord and this tenant is a nice smiling man, but he smokes not cigarettes and many of his friends hang around the property giving him strange packages; lately he has discovered his passion for music and would like to be a D.J. , therefore from10am to 3/4pm he of course practices with his music, and other tenants complain to me .

        HIs contract expires the 20th of this month and the guy likes the property and wouldn't like to move ; Also when he came to me the first time, he was dressing smart, and he provided fake references saying he was a dealing with sales and soon after he was on benefits .
        He doesn't like to work in other words .
        I would like him out with the correct procedure for the good of other quiet tenants and for me .

        I have already told him that when his contract expires, i will not renew the tenancy and he felt a bit down, but have to say he has not been rude to me .
        I am just preparing myself in case he doesn't want to leave
        Therefore the correct way to put my question is exactly as dazalock said.

        - Will the tenant have to live if i don't want to renew the tenancy ?
        - And if he doesn't, Will I have to serve the notice, after the expiry of the Ast, therefore giving him two months notice ?
        - Meanwhile the notice is being given, can I start the procedure for the eviction soon, or will i have to wait till the "end two the months notice"

        and please allow me to ask more ...
        - If i want a tenant out for whatever reason ( which could be, an extension planned to the house by the side of his room/ house for sale/ urgent repairs/ etc..).before the expiry of the 6 months contract, can i still serve the s21 , or S21 work only after the expiry of the Ast ?
        - Last question will be : Regarding tenant's violent behaviour what can a landlord do ? Does the landlord have to wait till the end of the Ast to evict the tenant, or can he start soon, especially if other tenants put the landlord under pressure and complain everyday ?

        Thank you

        Comment


        • #5
          Originally posted by Paul_f
          dazalock, you've given a most confusing answer to a confusing question. It's mumbo-jumbo!

          The poster doesn't say if he is the landlord or the tenant and your answer is all over the place if I might say so!
          Disagree, the question was confusing and therefore I replied with a question to clarify, rather than wait for an answer, I answered it myself. Thanks for your input, maybe a answer to the posters second confusing set of questions would be of more use rather than using red pen over my attempt to help.

          Comment


          • #6
            Originally posted by storex7
            Hi

            - Will the tenant have to live if i don't want to renew the tenancy ?

            Eventually yes, but not immediately.

            - And if he doesn't, Will I have to serve the notice, after the expiry of the Ast, therefore giving him two months notice ?

            Yes.

            - Meanwhile the notice is being given, can I start the procedure for the eviction soon, or will i have to wait till the "end two the months notice"

            No.

            and please allow me to ask more ...
            - If i want a tenant out for whatever reason ( which could be, an extension planned to the house by the side of his room/ house for sale/ urgent repairs/ etc..).before the expiry of the 6 months contract, can i still serve the s21 , or S21 work only after the expiry of the Ast ?

            After expiry of fixed term of AST ONLY.....why do you think the fixed term is there??

            - Last question will be : Regarding tenant's violent behaviour what can a landlord do ? Does the landlord have to wait till the end of the Ast to evict the tenant, or can he start soon, especially if other tenants put the landlord under pressure and complain everyday ?

            End of AST. If it is serious enough contact the police, if not then you really don't have all that much to worry about. In theory, depending upon the terms of the AST, you could attempt an eviction for breach of tenancy agreement, but I wouldn't fancy your chances.


            Thank you
            At the risk of another ear bashing, I can't help but repeat what I said on your other thread.....are you SURE you are ready to be a landlord??

            Hope the above helps however.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment


            • #7
              Quick point.....you have said serve the notice "after" the expiry of the AST. No. Serve it before, to expire on the 20th of January 2006. If you serve it afterwards, then you will have to wait until 20th Feb. Search the forums for the wording required for a S21.
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


              • #8
                Mr Shed you are making the same mistake as dazalock by not thinking it through before giving your advice!

                The tenancy is still within the fixed term so the landlord can serve Notice S.21 (1)(b) NOW to expire two months from the date of service, so while the poor poster has been waiting for a reply he is delaying the possibility of an earlier repossession date. Serve the Notice today 15th personally on the tenant in his hand before 5.00p.m. and the Notice will expire "after 15th January, 2006".

                It doesn't have to end at the end of a rental period if Notice is served within the fixed term, only when it has become periodic!

                The number of times I have posted how to serve a S.21 and yet regular posters still give poor (and dubious) advice. That's why I wanted the original question clarified.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                • #9
                  Apologies, was not aware of the notice not having to be at the end of a rental period if served within a fixed term....thanks for clarifying!
                  Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                  Comment


                  • #10
                    Hang on...

                    From this thread:
                    http://www.landlordzone.co.uk/forums...?t=1202&page=2

                    Originally Posted by storex7
                    Sorry, i must have misunderstood you . I own a 3 bed property and I occupy one of the rooms , got three fantastic tenants who help me to pay the mortgage under a normal Ast, or i think to be normal ; I just wanted to download a real copy, as i wanted to compare it with mine .
                    Being a landlord when you're busy is not my cup of tea, and quitting the job to become a landlord is not wise . I don't understand how other investors say that they got one property south, two north, and three east ... How can they manage all this ?
                    If i can buy another property and give it to the letting agent, that will help and will make me rest friday and saturday after work . All i can do is keep on reading the book about tenancy laws and perhaps as one of you said, subscribing to landlord's protection scheme for £ 60 something a year.
                    So this is the same property as from the other thread that storex lives in but has issued ASTs to??

                    Have we established whether these are tenants or lodgers yet..re the other thread about all this from Painsmith email etc.

                    Comment


                    • #11
                      All of you are really amazing and precise too.

                      ThanKs to u Mr shed of course.
                      Being a Landlord ? No, i don't think so ; I like more auctions and developements ; No hassle there, you just have to wait for the property to be sold, and to cash you profit after tax .


                      Lucid mate

                      I am sure i might use you as a private investigator in future, but for now i need only advises.
                      Regards

                      Comment


                      • #12
                        Originally posted by storex7
                        Lucid mate

                        I am sure i might use you as a private investigator in future, but for now i need only advises.
                        Regards
                        You cant get the correct "advises" unless you provide full information.

                        Comment


                        • #13
                          There was a man liked advises
                          Who had balls of different sizes
                          One was small, and was nothing at all
                          But the other was large And won prizes

                          Comment


                          • #14
                            There was an unfair term.
                            It was written in the lease.
                            The tenant did complain
                            at first unto the police.
                            "No No good sir not us,
                            it is a civil matter.
                            Go see your solicitor
                            and have a litter natter."

                            So off the tenant went,
                            itching as he walked,
                            to see his new advisor
                            so they could have their little talk.
                            He told him of the term,
                            how now he felt quite queasy.
                            He was worried about the stubble,
                            but at the time the term was easy.

                            The solicitor agreed
                            this term was most unfair.
                            But there was little he could do now
                            as the tenant was quite bare.
                            This term was most unusual,
                            open to interpretation,
                            but binding on the tenant,
                            was it some form of flagellation?

                            He had snipped, trimmed and sheared
                            until no follicle was left,
                            and had followed AST instructions
                            and covered every cleft.
                            The landlord had an aversion,
                            although it was quite weird
                            to all forms of bristle,
                            fringe or even beard.

                            The tenant had accepted
                            his contractual obligation,
                            to use the landlords razor
                            before taking occupation.
                            So now the tenant he did vacate,
                            with despondence and despair
                            How he wished he hadn't shaved.
                            and still had some scrotum hair.

                            So the moral of this story,
                            although it might seem churlish.
                            Is be careful how you go
                            or you’ll lose your short and curlys.
                            Read all terms thoroughly
                            and avoid contractual vices.
                            And when following instructions
                            take care with your advises.

                            Comment


                            • #15
                              The situation is actualy changed
                              You see i post always before things happen, as i can almost predict them.

                              The contract of the tenant will expiry the 6th of december ( sorry I did a mistake before i said the 16 ? )
                              HI is on benefits, but declared to me the first month he was working in sales...only 15 later he applied for benefits. I did ask for references but he always said to me : I'll give you later , later , later ..never of course .

                              - When the tenancy will expiry I will give him one month notice, as written on my contract, but to tell you the truth i have verbally told him already, that he'll be out by the 6th of january . The real written notice will be handled the sixth of december .
                              When the tenancy is finished, is finished !! Why so many individuals keep on finding excuses and bother the landlords .
                              Isn't it six months tenancy and that's it ?!!
                              He's looking for excuses that he's going to report this to the benefits and this and that, but i told him that in my house i follow what's written on the contract and you go the sixth of January .


                              Excuse me guys, but i don't get one thing . Why when a tenant signs a contract for six months, i will have to give him the notice only at the end of the sixth month..mathematic tells me that that is seven months , and what if he doesn't pay rent, that makes it 8 months ?? ( 4 weeks by the time is evicted !!

                              Comment

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