advice please

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  • advice please

    served section 21 notice on tenant in august 2009, to expire end of Oct 2009. did not take action to recover possession and did not confirm that I was or wasn't going to do so.

    decided time to ask tenant to leave now.

    To be nice, sent a letter asking tenant to leave in 4 weeks so he had time to find accomodation.

    he said I need to give 2 months notice.

    Is this correct? Can I just issue court proceedings now as I don't think he will leave.

    Help please.

    sammi

  • #2
    Originally posted by sammi View Post
    served section 21 notice on tenant in august 2009, to expire end of Oct 2009. did not take action to recover possession and did not confirm that I was or wasn't going to do so.
    Questions:

    1. What date does/did the fixed term expire?
    2. Assuming this is an assured shorthold tenancy, did the tenancy begin or has it been renewed after 6th April 2007, and did you take a deposit and protect it?

    Comment


    • #3
      Please tell us:
      • when the fixed term of your T's AST began (and ended?)
      • on which date in August you served him the s21
      • on which date in October the s21 expired
      • whether rent is payable monthly/weekly/whatever
      • whether any protectable tenancy deposit is protected
      '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
        advice please

        Tenancy was for 1 year and expired end Nov 2007.
        It is a statutory tenancy.
        s21 served 27th Aug 2009 and expired 31th October 2009.

        Comment


        • #5
          rent payable monthly on 1st of the month.

          Comment


          • #6
            have I invalidated the s21 notice by asking tenant to leave in 4 weeks time??
            Please help.

            Comment


            • #7
              deposit not protected.

              Comment


              • #8
                Originally posted by sammi View Post
                Tenancy was for 1 year and expired end Nov 2007.
                It is a statutory tenancy.
                s21 served 27th Aug 2009 and expired 31th October 2009.
                What do you mean by 'statutory' tenancy? Is this an assured shorthold tenancy in England/Wales, with rent less than £25,000 per annum?

                Has there been a renewal contract, i.e. a new signed agreement, after the first fixed term expired?

                Comment


                • #9
                  Originally posted by sammi View Post
                  deposit not protected.
                  The AST began in November 2006. As it pre-dates all the deposit protection legislation, there is no problem on that score.
                  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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                  • #10
                    it was an assured shorthold tenancy which expired end of nov 2007.
                    since this date there has been no renewal of the tenancy agreement and as far as i was concerned it was just running month to month.
                    it is in england and wales and rent is much less than 25,000.

                    Comment


                    • #11
                      Originally posted by sammi View Post
                      have I invalidated the s21 notice by asking tenant to leave in 4 weeks time??
                      Please help.
                      That will depend on whether it was validly served in the first place. If you answer the 2nd and 3rd questions in #3 we may be able to tell you.
                      '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

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                      • #12
                        served by hand on 27th aug 2009 to expire 31st oct 2009

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                        • #13
                          Originally posted by sammi View Post
                          served by hand on 27th aug 2009 to expire 31st oct 2009
                          And do the tenancy periods go from the first day of the month to the last, e.g. 1st October -31st October?
                          '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


                          • #14
                            Originally posted by sammi View Post
                            served by hand on 27th aug 2009 to expire 31st oct 2009

                            Assuming the fixed term expired 30th November 2007, and notice sought possession after 31st October 2009, and rent is payable monthly, the notice was valid and you do not need to give T a further two months' notice.

                            However, do you have evidence of the service, such as a witness present when you hand-delivered the notice? Because if not, T can claim he did not receive the notice.
                            Last edited by westminster; 01-04-2010, 17:19 PM. Reason: adding something

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                            • #15
                              yes they do

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