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

          • Attending Court - Advice Please
            Muzza
            Hi there

            I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
            12-12-2017, 18:03 PM
          • Reply to Attending Court - Advice Please
            theartfullodger
            Well done: Hope someone got LOTS of evidence (eg photos) of tenant's departure, all belongings gone. You had questionable legal right to change locks: Until bailiffs "execute" the possession order there is still a tenancy, it's still the tenant's home, the tenant's property. Hopefully enough...
            22-01-2018, 19:44 PM
          • Section 21 query
            manchester89
            Hi.

            I was looking for some advice in regards to a Section 21 served.

            A 6-month tenancy was originally granted in September 2015. Upon expiry a new 1-year fixed term tenancy was signed. Is this a new tenancy or a replacement?

            In September the EPC and GSC was given...
            22-01-2018, 12:51 PM
          • Reply to Section 21 query
            manchester89
            I just wanted to make sure my landlord had done things right cause there are lots of things on the internet so its confusing but thank you i have as i don't want to be going through the eviction process with a small child id rather be out as soon as possible....
            22-01-2018, 19:36 PM
          • Invalid section 21 and limiting LL access
            poppyla
            Hi everyone,

            I was wondering if you can help me with my issues with my LL. Apologies for the long post, but I’m going through a very stressful time.

            My landlord tried to increase my rent “illegally” in Sept/Oct and wanted me to sign a backdated agreement and requested...
            22-01-2018, 15:27 PM
          • Reply to Invalid section 21 and limiting LL access
            theartfullodger
            All very well but realistically you can simply refuse access, change locks, say it's not convenient then. Yes they may have a contractual right but to enforce it they'd need a court order, which would take about as long as evicting you.

            And which potential purchaser is going to await a...
            22-01-2018, 18:36 PM
          • Possession claim 'struck out' what can i do next
            lislog
            I filed a section 8 notice (correctly i believe) then a possession claim on line. The court hearing was 6th Dec - in stupidity or naivety having had no experience with the law before, i did not realise i had to attend the court hearing for a straightforward case of rental arrears (tenant owes £3000...
            10-01-2018, 09:22 AM
          • Reply to Possession claim 'struck out' what can i do next
            Muzza
            Id try and get it reinstated, if she didnt show the first time or make arrangments to pay its unlikely she will the second time, I recently had to fly back from the US to attend court on a section 8 and was in and out in 15 minutes - good luck to you.
            22-01-2018, 18:22 PM
          • Reply to Invalid section 21 and limiting LL access
            poppyla
            Yeah, i read all 33 pages of the thread... it is difficult though to understand exactly where i stand when it's so personal, rather than theoretical question!

            They already pointed out which clauses say they can come in. There's one that says the landlord, his agent and any person authorised...
            22-01-2018, 18:09 PM
          • Reply to Attending Court - Advice Please
            Muzza
            UPDATE

            Ok I flew home to attend court on 4th January, I was in and out in 15 minutes, possession was granted on rent arrears alone and anyone living in the house was given 14 days to leave, the tenant was also ordered to pay all arrears and court fee.

            This meant they had to...
            22-01-2018, 18:05 PM
          Working...
          X