T is a pain but unpaid rent has not reached two months

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    #16
    Originally posted by JazzyJames2001 View Post
    they have a 50" LCD and a smart looking BMW on the drive, yet they cant pay the rent.
    Surprise surprise!
    I offer no guarantee that anything I say is correct. wysiwyg

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      #17
      Originally posted by westminster View Post
      It's important to get the expiry date of the s.21(4)(a) notice correct. What date (dd/mm/yy) did the fixed term commence, and how long was the term?
      The fixed term agreement started in May 2009 for six months. I increased the rent in March 2010, and gave them a new tenancy agreement, however this is when they told me about moving to a council house, although they said they had no problems with paying the rent, but to the future they would like a council house.

      James

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        #18
        Originally posted by jta View Post
        Surprise surprise!
        Amazing isnt it, I wonder if they will exchange the BMW for the arrears.

        James

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          #19
          The determination on their homelessness position is usually done just after the eviction. They can be housed on a temporary basis while their homelessness application is considered.

          The council will want to look at the reason for eviction. If it was following a Section 8 notice then T will have to show why it was not their fault they could not pay rent.

          People can be considered unintentionally homeless even though they have been evicted for rent arrears. It is a question of how T has spent their money. If their bank statements show purchases of 50" TV's, or many holidays then it will be their fault. If the evidence is that they were being very frugal but simply had to choose between rent or food then they may be found unintentionally homeless.
          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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            #20
            Originally posted by JazzyJames2001 View Post
            Amazing isnt it, I wonder if they will exchange the BMW for the arrears.
            Do yourself a favour and at least make a note of its reg number (see here for info about obtaining an address from this!)

            Plus I don't know the feasibility of extracting the cash value of the car via the courts/bailiffs?

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              #21
              Originally posted by Ericthelobster View Post
              Plus I don't know the feasibility of extracting the cash value of the car via the courts/bailiffs?
              Bailiffs can take it if it hasn't been bought on hire purchase.

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                #22
                Originally posted by JazzyJames2001 View Post
                The fixed term agreement started in May 2009 for six months. I increased the rent in March 2010, and gave them a new tenancy agreement

                Originally posted by JazzyJames2001 View Post
                The original AST was never renewed, as after living at the property for 15 months they decided they wanted a council house.
                So which is it?

                What date, i.e. the day/the month/the year, was the first day of the last signed fixed term contract? And how long was the term?

                If you want to serve a s.21 notice, the above information is necessary in order to calculate the date the notice must expire, and the type of s.21 notice.

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                  #23
                  The original fixed term tenancy started in May 2009 for six months. This was never renewed. However in March 2010, i found I was one of the cheapest in the area for rent, so sought to increase, this was agreed however they refused to sign a new tenancy agreement. Therefore in court would the tenancy agreement be valid or not? I know contract terms means regardless of a signature if it continues its agreed. But for housing rental?
                  If they dont have to sign should I be putting a date of the S.21 as August 2010?

                  Sorry Ive been on holiday for a week, so getting this sorted asap now.

                  James

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                    #24
                    If the tenants didn't agree to a replacement tenancy, then they are still on a Statutory Periodic Tenancy.

                    How did you administer the rent increase? If you did not use the s13 process your increase will be invalid as there was no replacement tenancy.

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                      #25
                      The correct S13 was served of which they recieved two months notice prior to it being in force. However they did not return the documentation to myself, although they did agree to it.
                      Based on what you have just said, Im guessing the second Agreement did not come into force and the end date for a S21 is 31st November 2009?

                      Regards

                      James

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                        #26
                        Originally posted by JazzyJames2001 View Post
                        The correct S13 was served of which they recieved two months notice prior to it being in force. However they did not return the documentation to myself, although they did agree to it.
                        Based on what you have just said, Im guessing the second Agreement did not come into force and the end date for a S21 is 31st November 2009?

                        Regards

                        James
                        I don't think you have clarified the dates of the last AST - without those, we can't confirm if your proposed expiry date is correct.

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                          #27
                          Originally posted by JazzyJames2001 View Post
                          The original fixed term tenancy started in May 2009 for six months. This was never renewed. However in March 2010, i found I was one of the cheapest in the area for rent, so sought to increase, this was agreed however they refused to sign a new tenancy agreement. Therefore in court would the tenancy agreement be valid or not? I know contract terms means regardless of a signature if it continues its agreed. But for housing rental?
                          If they dont have to sign should I be putting a date of the S.21 as August 2010?

                          Sorry Ive been on holiday for a week, so getting this sorted asap now.

                          James
                          The Original AST was for six months from May 2009?

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                            #28
                            Originally posted by JazzyJames2001 View Post
                            The Original AST was for six months from May 2009?
                            Again, we need to know the DATE. This means the DAY as well as the month/year.

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                              #29
                              Apologies the tenancy start date was 29th May 2009.

                              Comment


                                #30
                                Originally posted by JazzyJames2001 View Post
                                Apologies the tenancy start date was 29th May 2009.
                                So it ended on 28 November 2009. Each SPT month runs 29th-28th.
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