s21 notice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • s21 notice

    Hello, could anyone help with a query please.

    I served a s21 notice on my tenant on 28th January 2010.

    Her fixed term tenancy states that it expires on 30th March 2010 but it also states that it is for a term of 12 calendar months from 1st April 2009 (so it is contradictory, should expire on 31st March 2010). Rent is payable on the last day of each month in advance.

    The s21 notice requires possession 'immediately after expiry of the tenancy on 30th March 2010'.

    Can anyone tell me if my s21 notice is likely to stand up in possession proceedings? My concern is, will the 30th March override the 12 calendar months as otherwise I could be requiring possession within the fixed term?

    If I now need to re-serve notice what would the date for possession be?

    I am thinking of issuing separate proceedings for the overdue rent and at least getting a money judgement - any comments?

    All advice gratefully received.

  • #2
    I believe that where there are contradictory statements, the benefit is given to the tenant.

    Are the arrears sufficient for a s8 notice under ground 8? This costs £50 less than s21 if done online (google pcol) and can include a monry order for missing rent. Another major advantage for you is that notice is only 14 days and the tenancy dates would be irrelevant.

    Comment


    • #3
      Originally posted by Snorkerz View Post
      I believe that where there are contradictory statements, the benefit is given to the tenant.

      Are the arrears sufficient for a s8 notice under ground 8? This costs £50 less than s21 if done online (google pcol) and can include a monry order for missing rent. Another major advantage for you is that notice is only 14 days and the tenancy dates would be irrelevant.
      I'm a little confused. Serving a S21 does not cost anything.
      What are you referring to as costing £50 less here please Snorkerz?
      I take it pcol is simply a different site to mcol.
      Can mcol not be used for a S8 then?
      Thanks for help on this.
      C

      Comment


      • #4
        Originally posted by Charles19 View Post
        I'm a little confused. Serving a S21 does not cost anything.
        What are you referring to as costing £50 less here please Snorkerz?
        I take it pcol is simply a different site to mcol.
        Can mcol not be used for a S8 then?
        Thanks for help on this.
        C
        serving the section 21 notice is free, but possession claims (ie the court process) do cost.

        Possession Claim Online (PCOL) is the courts online system for commencing a section 8 possession - it costs £100.

        The other way of starting a claim is via paper forms - this costs £150 and can be done for s8 or s21.

        MCOL is Moneyclaim online - a different process that, as the name implies, is for claiming money - missing rent and dilapidations in our case.

        Comment


        • #5
          Originally posted by willsamike View Post
          Her fixed term tenancy states that it expires on 30th March 2010 but it also states that it is for a term of 12 calendar months from 1st April 2009 (so it is contradictory, should expire on 31st March 2010).
          Moral: never show all three of term commencement, length, and expiry- just the first two.
          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

          Latest Activity

          Collapse

          • Landlord asks that T to pay deposit protection charge each time we renew AST
            JP23
            Why must we continuously renew our deposit with the scheme each time we re-sign our AST i.e. every 12 months?

            Why can the deposit not remain protected throughout the duration of the overall tenant occupation?

            Is our landlord acting in questionable faith by asking us to pay...
            23-07-2017, 04:18 AM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            Lvkn
            Hello
            i am a landlord and have insurance based deposit protection (I hold the deposit in segregated client account and register it with My Deposits) every time a new contract is drawn up we have to pay £48. If a tenancy is renewed, we pay £48. If someone moves out of one of our multiple tenant...
            23-07-2017, 20:27 PM
          • Excessive estate agent fees
            Cml241
            I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
            21-07-2017, 16:26 PM
          • Reply to Excessive estate agent fees
            Wright76
            If you have no ongoing contract with the agent and it was "find" only, they have no right to force you into a new AST.

            Depending on the terms of your contract there's nothing to prevent you, if your feeling confident, in renewing the contract yourself and taking over.
            ...
            23-07-2017, 19:11 PM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            jjlandlord
            Fees for 'renewing' will not be in the tenancy agreement because they are not fees of the tenancy and are freely negiotiated.

            The landlord should simply charge an admin fee to renew and set it to include all his costs...
            23-07-2017, 19:02 PM
          • Structuring a deal - Purchase Option/Overage Agreement?
            pdmalik
            Hello,

            There is a derelict property with good potential in my area. The owner tried to sell it in a local auction few years back and did not get what he wanted (actually did but got greedy). Now he can even sell it for cheaper than what he was getting in the auction. Property has good potential...
            23-07-2017, 16:52 PM
          • Reply to Structuring a deal - Purchase Option/Overage Agreement?
            mariner
            Make the owner an offer to purchase.
            23-07-2017, 18:46 PM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            Wright76
            There is no charge and it doesn't need reprotecting if it's in a custodial scheme. If it's in an insurance based scheme then landlord is holding it and can be claiming interest on it, it's therefore very cheeky but not illegal to pass the cost onto you.

            Ask him if he can use a custodial...
            23-07-2017, 18:45 PM
          • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
            KTC
            Yes, but if we're talking renewal, then it'll inevitably be in it.

            Is it insured or custodial. Insured, meh. Custodial, wholly unreasonable....
            23-07-2017, 18:33 PM
          • Deposit at the end of AST. Also, quiet enjoyment.
            scooter08
            Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
            England

            Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
            AST

            Q3 – What date did current TA start dd/mm/yy?
            12/04/2015
            ...
            21-07-2017, 15:06 PM
          Working...
          X