T won't sign new Tenancy Agr.- dispute re electric bill

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    T won't sign new Tenancy Agr.- dispute re electric bill

    My tenant (who unfortunately is also my brother) is refusing to sign his latest assured shorthold tenancy agreement and is thus in a periodic tenancy. His reason for not signing is that his electric company have charged him too much. They gave him an estimated bill. When he queried it, they told him to give them a meter reading. He is being downright dificult about it, saying that because he would need to stand on a chair or ladder to reach the meter, he is not reading it, they need to come out and read it. But I know that he is never in and this will not happen. I explained to him that his dispute with the electric company has nothing to do with his tenancy contract, it is a personal issue. He just huffed and walked away. When I next approached him and said that if he didnt sign and return his contract, (now4 months overdue) I would have to start eviction procedures, he simply said that if I evicted him, I would have to evict his neighbouring tenant too (as he was behind with his rent payments earlier in the year). I advised him that his neighbour was up to date, and that it had nothing to do with him. He said that I have to treat all tenants the ame inorder to treat them fairly, so I would have to evict him too. I feel as if he is not taking me seriously (possibly because he is my brother). Since our last discussion I have reverted to communicating by letter and have sent him 3 letters, warning him that he has till the 6 Feb to return the signed contract or I will be starting eviction procedures. He has presented me with a lot of problems in the past, blocking up drains with rice, blocking the toilet with paper, disturbing neighbours with his radio being too loud at 1am. I have thus decided it best to repossess the property. I have given him an unlimatum, that if he has not signed the contract by Friday, I will be issuing a notice requiring possession. As he has not responded to my letters, asking him to get in touch, I do not believe that he intends to do anything before Friday, and would like to take immediate action in issuing him with a 2 month notice. I understand that he is now under a Periodic Tenancy, which operates on a weekly basis as his rent is paid weekly, and that the date of possession must be the last day of such a periodic tenancy, the date on which the rent is due. However, I am concerned that I may work this date out wrong, as his previous years contract expired mid week, and i am wondering whether this affects the date of possession, or whether it is corect for me to work it out on the basis that the previous tenancy started on Monday, 1 Oct 07 and rent was thus due on Sunday of each week. This is not clearly stated on the contract.
    His previous tenancy was 1 0ct 07 to 1 0ct 08 at weekly rent of ....payable by direct weekly instalments of .... each week without any deduction during the tenancy hereby created. As I have not stated on the contract, the exact date that the weekly rent is due, I am unsure as to whether it would naturally be accepted that as the contract starts on a Monday, rent is due on a Sunday and thus although the tenancy ended mid week, on 1 oct 08, the periodic weekly tenancy would continue according to the rent payment, rather than commencing from 2 Oct 08 onwards. PLEASE ADVISE ASAP
    Thanks

    #2
    Prepare a section 21 notice now (see similar threads) put a saving provision in (should be set out in previous threads) which means that even if you get the date wrong the notice is still valid and simply expires on the correct date (even though it is wrong in the notice)

    once it expires issue an accelerated claim.

    You do not need to also evict the neighbour unles you want to.
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


      #3
      Never let to family - it is always trouble.
      Mrs Jones
      I am not an expert - my posts are my opinion and should not be taken as fact!!

      Comment


        #4
        Originally posted by Mrs Jones View Post
        Never let to family - it is always trouble.
        Well, not quite 'always'- but, when there is trouble, it's more difficult to resolve and it reverberates for years.
        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
          That's why it is best avoided. No friends in business!!

          When I was preparing my second house for letting, a friend wanted to introduce a work colleague as a possible tenant - I just gave her my agent's number and said the colleague would have to go through the same referencing procedures as anyone else and I didn't want to get involved.
          Mrs Jones
          I am not an expert - my posts are my opinion and should not be taken as fact!!

          Comment


            #6
            is it the wording: 'or after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the Assured Shorthold Tenancy'.... I wasnt sure that that would do it as he no longer has an Assured Shorthold Tenancy ?

            Comment


              #7
              He still has an AST, its just periodic.
              GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

              Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

              Comment


                #8
                'or, if later, the day on which a complete period of your tenancy expires next after the end of 2 months from the service of this notice'
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                Comment


                  #9
                  Thank you so much for your advise guys, it has relieved a lot of stress.

                  Comment

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