Notice under s.21 expired but T paid further rent- effect?

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  • House
    replied
    Looks like the LA might be doing their usual gatekeeping to. Have replied to your PM OP not sure how I gave the impression I knew something about housing as you said in your message but ta

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  • agent46
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    Originally posted by deleney View Post
    Hello I wondered if anyone could help me

    A friend of mine has been served a section 21 notice as the Landlord wants the property back. This expires on Sunday, 31st August, my friend has not found anywhere else for her and her children to live, and the local council will not help her as she works part time.

    There are no outstanding arrears.

    She intends to stay at the property until it goes to court, she had a standard AST but if she stays does she pay rent? Do they have to issue her with a Mesne Profit receipt?

    If they accept her rent without this receipt, does she not by law, get a further six month tenancy by default as they are accepting it?

    We are trying hard to find a loop hole so she can stay at the property until a suitable home is found, and your help is most appreciated.
    The tenancy will not end until the expiry of a possession order granted by the court. Therefore, she will remain a tenant until then.

    She will still need to pay rent, and this will not create any additional rights for her.

    Even if everything proceeds smoothly so far as the LL is concerned, the possession and eviction process could take several months.

    If she hopes to put off the evil day for as long as she possibly can, then the best she can hope for is a defect in the form or service of the s.21 notice and/or the LL's failure to protect her deposit (if any) as any of these "problems" could cause the LL's possession proceedings to fail, and he may even have to serve a fresh s.21 notice. Please post up further details of:

    (1) whether her tenancy is fixed term or periodic,

    (2) the date of commencement,

    (3) the duration of the tenancy,

    (4) whether her deposit has been protected and whether all prescribed information has been served on her,

    (5) the date on which the s.21 notice was served.

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  • Notice under s.21 expired but T paid further rent- effect?

    Hello I wondered if anyone could help me

    A friend of mine has been served a section 21 notice as the Landlord wants the property back. This expires on Sunday, 31st August, my friend has not found anywhere else for her and her children to live, and the local council will not help her as she works part time.

    There are no outstanding arrears.

    She intends to stay at the property until it goes to court, she had a standard AST but if she stays does she pay rent? Do they have to issue her with a Mesne Profit receipt?

    If they accept her rent without this receipt, does she not by law, get a further six month tenancy by default as they are accepting it?

    We are trying hard to find a loop hole so she can stay at the property until a suitable home is found, and your help is most appreciated.

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