Letting Agreement wording- to shorten eviction process

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    #16
    Originally posted by susanne View Post
    ""is that it makes absolutely no difference at all to the timescale in which you can regain possession""

    i have never understood this argument, that an early serving of S2 saves no time.... this is how i understand it. ..

    tenant moves in January 1 on 6 months AST
    landlord serves S21 Feb 1
    tenant goes bad with poor behaviour, LL wants them out
    Landlord applies to court for possession ` 2nd July



    tenant moved in Jan 1
    tenant goes bad
    LL serves S21 1st July
    LL applies to court for possession 2nd September

    QED landlord gains 2 months ......
    No, you can serve the section 21 two months before the end of the fixed term to expire at the end of the fixed term, then apply for a court order (if need be) the day after (still 2nd July, in the scenario you describe above).
    '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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      #17
      Originally posted by Snorkerz
      But MTG said serve 2 months before the end of the fixed term...

      tenant moves in January 1 on 6 months AST
      landlord serves S21 May 1
      tenant goes bad with poor behaviour, LL wants them out
      Landlord applies to court for possession 2nd July
      Er...I finked that's wot I said, innit?
      '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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        #18
        Originally posted by mind the gap View Post
        Er...I finked that's wot I said, innit?
        Oh alright - I was writing it a bit more slowly than your reply. Gordon Benett, you leap to a ladys defence and she kicks you in the photocopied behind with it. Wimmin!

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          #19
          Originally posted by Snorkerz View Post
          Oh alright - I was writing it a bit more slowly than your reply. Gordon Benett, you leap to a ladys defence and she kicks you in the photocopied behind with it. Wimmin!
          Sorry Snorkerz
          '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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            #20
            Wrapping Up this thread.

            The new tenant now signed up and happy so far :-).

            At the signing ceremony my agent had the tenant sign a section 21 for the end of the first 6 months as a matter of their normal practice, which was a new one on me.

            I have also had sight of the LRA rental agreement, which is impressively clear.

            Ferdinand
            Refer Mad Regulators to Arkell vs Pressdram.

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              #21
              Originally posted by midlandslandlord View Post

              At the signing ceremony my agent had the tenant sign a section 21 for the end of the first 6 months as a matter of their normal practice, which was a new one on me.
              I bet they did.

              Did it not occur to you to wonder why the agent was so keen to do this? The answer is very simple : so that he can make some more money out of you both in 6 months' time by getting you to sign a 'renewal' agreement - and pay him some ludicrously inflated fee for the privilege.

              Don't forget that the agent is supposed to do what you tell him, not the other way round. There is not some unalterable law of life which says that an agent must serve a s21 as soon as the tenant steps over the threshold. Tell him not to, if you prefer to stay on good terms with your tenant.
              '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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                #22
                The s.21 Notice is invalid unless served after the AST started.
                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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