Notice To Vacate

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  • Notice To Vacate

    Dear all,

    I have a quick question,

    I have a T who has advised that she wishes to leave on the 3rd Jan 2010, I have acknowledged this date in writing as being OK.

    I issued a S21 (1B) during the fixed term.

    I am now thinking that I want possession sooner than the 3rd Jan as there is a fair bit of interest from would be tenants for the property.

    Question is, is my S21 likely to be prejudiced in view of me accepting the tenants leaving date.

    I understand that the s21 offers possession on mandatory grounds, but I feel as if I`ve dropped a clangor by agreeing the tenants proposal.



    Many Thanks

  • #2
    Originally posted by taheemr View Post
    I issued a S21 (1B) during the fixed term.
    Read as s.21(1)(b). When does fixed term end?

    Originally posted by taheemr View Post
    Question is, is my S21 likely to be prejudiced in view of me accepting the tenants leaving date.
    No. But, why not come to an agreement with your tenant to leave slightly earlier?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


    • #3
      Originally posted by tom999 View Post
      Read as s.21(1)(b). When does fixed term end?

      No. But, why not come to an agreement with your tenant to leave slightly earlier?
      I agree, but if your T does not want to move out earlier, you will have to be patient. She has a right to stay there until the expiry of the s21 and it is not worth falling out with her about it.
      '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

      Comment


      • #4
        By the time you have a court date you'll then have to wait any period of grace the Judge gives T (min 14 days) plus waiting time to get bailiffs in - your tenant is scheduled to leave well before that! Save yourself the expense

        Comment


        • #5
          The AST expired on the 24th Aug 09,

          S21 was dated 25th Aug 09 so expired after the 24th.

          The T is being problematic in more ways than one and I really think that her life should be made a tad more difficult if only to teach her to grow up and understand the implications of idiocy !!!.

          For example over the last year she has

          - Sublet my flat.
          - Always been late in making payments even with help from her sublet.
          - Always wants to make deductions for rent for mattresses, washing machine repairs etc, etc
          - Boiler not warming up.
          - Noisy neighbours

          etc, etc, the list goes on.

          Basically she looks for continual opportunity to manipulate the rent down each month.

          Many Thanks

          Comment


          • #6
            s.21 seems to be the best route for possession (if no rent is owed) given the circumstances, however:

            Originally posted by taheemr View Post
            I issued a S21 (1B) during the fixed term.
            Originally posted by taheemr View Post
            The AST expired on the 24th Aug 09, S21 was dated 25th Aug 09 so expired after the 24th.
            1. Was s.21(1)(b) served on 25 Aug 09?
            2. What was s.21(1)(b) full expiry date (dd/M/yyyy)?
            3. Is tenancy an AST in England/Wales, starting after April 2007, where annual rent < £25k?
            4. Was any protectable deposit protected?
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


            • #7
              [QUOTE=tom999;169927]s.21 seems to be the best route for possession (if no rent is owed) given the circumstances, however:

              Sorry, my dates were mixed up with another one of my tenancy agreements,

              upon checking

              1- AST ended -23rd April 09
              2 - S21 Served - 28th Feb 09
              3 - S21 Expiry - 29th April 09

              So 2 clear months between 2&3

              Deposit with my deposits

              All docs issued to T.

              Thanks and sorry.

              Comment


              • #8
                So why haven't you applied for possession under the Accelerated Possession Procedure, as your tenant has overstayed her welcome by some 6 months already?
                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
                  Because she pleaded to stay on and be a model tenant which she did for a while before reverting back to her old ways.

                  The latest excuse being she cannot afford 100% of the rent this month as she has overspent preparing for the festive season already.

                  Comment


                  • #10
                    Well you know what to do now if you want possession.
                    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


                    • #11
                      I know, haul my butt to the court office.

                      Cheers

                      Comment


                      • #12
                        Your comments are applicable to to a periodic agreement.

                        As the s21 was issued during the AST, it should

                        - Advise 2 clear months, which it does.
                        - Be served at anytime during the AST as long as it gives 2 months.
                        - It must expire on or after the last date of the AST not before

                        S21 issued after the AST has expired falls under periodic rules as you state

                        Comment


                        • #13
                          Yes, you are correct, as a fixed term notice has been served.

                          If notice was served by mail then its preferable to leave 3 working days for delivery.
                          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                          Comment


                          • #14
                            no worries

                            Comment

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