Unsure on sec21 dates, rent was monthly now is weekly

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  • Unsure on sec21 dates, rent was monthly now is weekly

    Not sure about the dates for the sec 21 notice

    The contract (in England) was originally an AST paid monthly. It has since become a periodic tenancy and a few months later following a written agreement signed by me and the tenant it changed to the rent being paid weekly .

    Do the dates and monthly nature of the original AST have an impact on the sec 21 notice about to be issued or will it be based on the weekly agreement we have both signed up to?

  • #2
    How exactly was it changed? An agreement in writing to change the arrangements would not be binding unless supported by contractual consideration.
    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
      It was simply putting in writing my agreement to allow him to pay weekly and what the weekly amount was.

      So with regard to a sec 21 notice the dates would be the same as if the rent had continued monthly, is that right?

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      • #4
        and for a section 8 the rent would in law still be due monthly on the original dates?

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        • #5
          Originally posted by ozzrahog View Post
          It was simply putting in writing my agreement to allow him to pay weekly and what the weekly amount was.

          So with regard to a sec 21 notice the dates would be the same as if the rent had continued monthly, is that right?
          Originally posted by ozzrahog View Post
          and for a section 8 the rent would in law still be due monthly on the original dates?
          I think so. Based only on your posts, I'm doubtful that your 'Agreement' to vary payment arrangements had any legal effect.
          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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          • #6
            Originally posted by jeffrey View Post
            I think so. Based only on your posts, I'm doubtful that your 'Agreement' to vary payment arrangements had any legal effect.
            Thanks, much appreciated

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            • #7
              Irrespective of whether the agreement to accept rent weekly is effective, I think you still have a monthly tenancy. There are two possibilities:

              (a) The tenancy is monthly and the rent is payable weekly.

              (b) The tenancy is monthly and the rent is payable monthly, though paid weekly.

              In either case the tenancy is monthly and the s 21 can be drawn up accordingly.

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