Is this right?

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    Is this right?

    I work for a small charity and we let a property on the premises. A tenancy agreement exists which was initially for six months but has just rolled over so I understand this is a periodic tenancy. The tenancy agreement is dated 01 December 2007.

    I now want to issue a notice for possession which I have taken off this site "Notice Requiring Possession" and I will tick the Periodic Assured box. If I have understood it correctly the expiry date of the notice would be 30th September 2010 - is that correct?

    After the notice has been served do I have to do anything else? If the tenant does not vacate by that date I guess we will have to meet the cost of solicitors for an eviction.

    #2
    What type of tenancy agreement is in force? Is it an AST or was it accommodation provided by the charity for an employee. You need to be more specific.

    You mention wanting to serve a notice; if it's an AST you will need a S.21 (4)(a) Notice Seeking Possession?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Plus: was the rent due monthly in advance during the fixed term?
      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


        #4
        Is this Correct?

        Yes it is a normal AST agreement - not connected to her work with the charity. The rent was payable in arrear. Would it have made a difference to process if it was payable in advance? Just wondered for future tenants.

        Comment


          #5
          Your section 21 notice would expire "After 30th September 2010" The word "After" is critical.

          If a deposit was paid, this must have been protected, or the s21 will be invalid.

          The notice is only giving the tenant notice that you intend to seek possession - they have no obligation to leave on the expiry date. If the tenant doesn't go, you need to commence proceedings - this can be a DIY job, a solicitor isn't necessary, http://www.rla.org.uk/landlord/docum...rtPapers.shtml

          It may be that the tenancy agreement makes the tenant liable for the landlords legal costs.

          Comment


            #6
            Originally posted by info@accipiosolutions.co. View Post
            The rent was payable in arrear. Would it have made a difference to process if it was payable in advance? Just wondered for future tenants.
            It might, esp. if T holds-over after fixed term expires. L is recommended always to prescribe that any rent falls due:
            a. monthly (not weekly or four-weekly); and
            b. in advance (not in arrears).
            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
              Thank you. Stupid question here - the form I have printed off this site has a Date of Expiry of this Notice with a box for date/time field - I see from note 9 it states after the date stated - so do I just put in the 30th September. Just want to make sure I get it right as it is on behalf of the charity.

              Comment


                #8
                Originally posted by info@accipiosolutions.co. View Post
                Thank you. Stupid question here - the form I have printed off this site has a Date of Expiry of this Notice with a box for date/time field - I see from note 9 it states after the date stated - so do I just put in the 30th September. Just want to make sure I get it right as it is on behalf of the charity.
                See first para in Post #5 for the answer.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment

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