T moved from one flat to another- effect on s.21 dates?

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    T moved from one flat to another- effect on s.21 dates?

    I read the answer to this the other day but I'm afraid I can't find the thread now so apologies.
    I have a tenant who originally let a room in an HMO from 20/1/09 to 19/7/09.
    He moved into a different room on 20/4/09 and I issued a new tenancy agreement with effect from 20/4/09 to the end of the original tenancy of 19/7/09 - he agreed to these dates.
    I now wish to serve a s.21 asap. Can I serve it to end on or after 19/9/09?
    Many thanks
    Alidee

    #2
    Originally posted by alidee View Post
    I read the answer to this the other day but I'm afraid I can't find the thread now so apologies.
    I have a tenant who originally let a room in an HMO from 20/1/09 to 19/7/09.
    He moved into a different room on 20/4/09 and I issued a new tenancy agreement with effect from 20/4/09 to the end of the original tenancy of 19/7/09 - he agreed to these dates.
    I now wish to serve a s.21 asap. Can I serve it to end on or after 19/9/09?
    Many thanks
    Alidee
    No. The six-month [s.21] applies. Here it is again, with my underlining again:

    21(5). Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than:
    (a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
    (b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.

    (5A) [omitted as irrelevant]

    (6) In subsection (5)(b) above, the reference to the original tenancy is:
    (a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
    (b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

    (7) For the purposes of this section, a replacement tenancy is a tenancy:
    (a) which comes into being on the coming to an end of an assured shorthold tenancy, and
    (b) under which, on its coming into being:
    (i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
    (ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.
    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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      #3
      Hi Jeffrey
      Thanks once again for your advice.
      I have explained this to the landlord but he is still adamant he wants to serve notice.
      Is there any harm in serving it and hoping that they go anyway?
      Obviously if they don't go we will have to serve it again when the time is correct.
      Many thanks
      Alidee

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        #4
        Back on this one I'm afraid. What would be the correct procedure for a tenant in an HMO moving rooms? Is it best to just have the house address on the tenancy agreement rather than the room number on it too?
        And what paperwork should be completed when they move room to show that the original tenancy agreement and dates stand, rather than end up with an issue like I have had as stated previously in this thread?
        Thanks
        Alidee

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          #5
          Any ideas on this one please ?
          Thanks
          Alidee

          Comment

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