T's resided for many years- is that cause for concern?

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  • T's resided for many years- is that cause for concern?

    I have a tenant whose been there for a number of years and I used to do an annual AST but haven't done one for a few years. I take it the tenant is now 'periodic' and that I can issue s21 notice if I ever want to evict him if he stops paying rent? is there a max period for this 'period' - I hope the law doesn't make the tenant more secure if they have been there for X years??
    thx for your help

  • #2
    Originally posted by shafty_bobs View Post
    I have a tenant whose been there for a number of years and I used to do an annual AST but haven't done one for a few years. I take it the tenant is now 'periodic' and that I can issue s21 notice if I ever want to evict him if he stops paying rent? is there a max period for this 'period' - I hope the law doesn't make the tenant more secure if they have been there for X years??
    thx for your help
    You really do need to do some homework.

    Yes, this tenancy has now become periodic.

    If he stops paying rent you can issue a section 8 ground 8 once he owes you two months' rent.

    Otherwise you can issue a section 21 notice giving him two full months' notice (requiring possession) - ensure the notoice expires on the day before a rent due day.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Originally posted by shafty_bobs View Post
      I have a tenant whose been there for a number of years and I used to do an annual AST but haven't done one for a few years. I take it the tenant is now 'periodic' and that I can issue s21 notice if I ever want to evict him if he stops paying rent? is there a max period for this 'period' - I hope the law doesn't make the tenant more secure if they have been there for X years?
      How many years? Did this T's first tenancy of this property begin:
      a. before 6 April 2007;
      b. before 28 Feb. 1997; or
      c. before 15 Jan. 1989?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Originally posted by jeffrey View Post
        How many years? Did this T's first tenancy of this property begin:
        a. before 6 April 2007;
        b. before 28 Feb. 1997; or
        c. before 15 Jan. 1989?
        Explanation, now that I've a little more time:
        Those are the starting dates for (respectively) the 2006 Act's amendments to the 1988 Act, the 1996 Act's amendments to the 1988 Act, and the 1988 Act itself. Before them all was the infamous Rent Act 1977- so let's hope that it does not apply here.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          Originally posted by mind the gap View Post
          - ensure the notoice expires on the day before a rent due day.
          Don't you mean expires AFTER ( magic word) the day before the rent due day, as long as the rent due day corresponds with the monthly period indicated by the AST ??
          All posts in good faith, but do not rely on them

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