Deposit advise needed

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  • Deposit advise needed

    Hi,

    My tenants were due to move out of my property on Feb 5th. They were served with the necessary notices on Dec 5th.

    The tenant refused to move out and I had to start court proceedings to evict them.

    The tenant then decided to leave the property on March 6th. He had paid rent up until March 5th.

    Am I entitled to a months rent from him as he moved out one day into the next months rental period? On March 1st, he informed me he was leaving on March 6th. He didn't give me a months notice - I'm not sure if he had too as I was taking him to court anyway as he had stayed in the property beyond his contract date.

    I am in dispute with the tenant over other deposit issues and I'm sure this will go to the deposit tribunal to be resolved, but I just wanted clarification as to whether he does owe me another months rent.

    Any advice appreciated

    VB7

  • #2
    On what exact date did/does the fixed term expire?
    Is T leaving after Notice from you: s.8? s.21?
    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
      The fixed term expired on February 5th 2010.

      I served a S21 notice on December 5th 2009

      Thank you

      VB7

      Comment


      • #4
        So it should have been a Notice under s.21(1)(b) of the Housing Act 1988.
        What Notice period did it specify? Please state its precise wording re Notice-expiry date; accuracy on this is critical to success.
        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).

        Comment


        • #5
          Precise wording is as follows:



          (1) On or after the coming to an end of a fixed term assured shorthold tenancy, a court must make an order for possession if the landlord has given a notice in this form.

          (2) Where there are joint landlords, at least one of them must give this notice.

          (3) The length of the notice must be at least 2 months and the notice may be given before or on the day which the fixed term comes to an end.

          (4) Date of expiry:

          5th February, 2010

          Comment


          • #6
            Problem: expiry of Notice period on term expiry is not enough. The Notice period has to expire after term expiry.
            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).

            Comment


            • #7
              Originally posted by vb7 View Post
              (4) Date of expiry:

              5th February, 2010
              Originally posted by jeffrey View Post
              Problem: expiry of Notice period on term expiry is not enough. The Notice period has to expire after term expiry.
              vb7 - usual wording is "After" 5th February 2010

              Comment


              • #8
                Thanks for the replies. So as the letting agent drew up the S21 notice, does this mean they have made an error with the expiry date and are at fault?

                VB7

                Comment


                • #9
                  I would be inclined to think so

                  By way of explanation to your agents - you can not seek possession on the 5th because tenants have the right to be there until 23:59:59 that day.

                  Comment


                  • #10
                    I've just checked the contract and it states the following:

                    "To return all keys to the premises (including any new or additional or duplicate keys cut during the tenancy) to the landlord or his agent promptly by 3pm on the last day of the tenancy."

                    The last day of the tenancy was the 5th February. Would this now make a difference?

                    VB7

                    Comment


                    • #11
                      Originally posted by vb7 View Post
                      I've just checked the contract and it states the following:

                      "To return all keys to the premises (including any new or additional or duplicate keys cut during the tenancy) to the landlord or his agent promptly by 3pm on the last day of the tenancy."

                      The last day of the tenancy was the 5th February. Would this now make a difference?

                      VB7

                      No, tenancy periods run in complete days, the agreement can not over-rule this.

                      Comment


                      • #12
                        If you read the section 21 notes on this web site it says that if the tenant stays into the next rental period the tenancy becomes periodic and a periodic tenat must give one months notice in writing so surely you can claim??

                        Comment


                        • #13
                          Originally posted by Mark1564 View Post
                          If you read the section 21 notes on this web site it says that if the tenant stays into the next rental period the tenancy becomes periodic and a periodic tenat must give one months notice in writing so surely you can claim??
                          Yes, bringing the thread back to the OPs original query, if T was still in situ on the 6th, then he could be held liable for the period 6th to the 5th.

                          Comment


                          • #14
                            So, to make sure I understand correctly. If the tenant was in situ on March 6th, I can claim for rent from March 6th to April 5th??

                            VB7

                            Comment


                            • #15
                              Originally posted by vb7 View Post
                              So, to make sure I understand correctly. If the tenant was in situ on March 6th, I can claim for rent from March 6th to April 5th??

                              VB7
                              Yes, Statutory Tenancy Period is from 6th of the month to the 5th of the next month in this case. This is outlined in section 5(3)(d) of the 1988 Housing Act.

                              Comment

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