AST term expired- have I served valid Notice on T?

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

    AST term expired- have I served valid Notice on T?

    I have had the same tenants renting my house for 2 1/2 years on repeated 6 month contracts. The latest 6 months AST has just come to an end (on 1st Aug) and instead of renewing I gave them 2 months notice to leave as I want to move back in to the house myself to do it up and sell. I served them notice in writing stating that their last day in the property would be 1st Oct as my own tenancy agreement finishes on 2nd Oct for the flat that I am living in (renting). They have now called to say they will be leaving on 31st Aug as they have found somewhere else and don't want to pay rent for Sept. Although they have always paid their rent, they are quite awkward and I knew getting them out wouldn't be straight forward. Can I insist they pay rent for Sept. Legally are they liable?

    #2
    As T now has an SPT, a Notice To Quit served by T can end it. T must give at least one month's Notice, ending at an SPT month-end.

    So Did T serve NTQ on/before 31 July?
    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


      #3
      Also be glad that you will be getting the place back early, it will enable you to get the place ready for yourself and move back in easily.

      Most of the moans we get are about tenants that don't move out.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Yes they are legally liable (whether you work on the basis of the notice you gave them or their own, which should have been served as per Jeffrey's formula). however I agree with jta that in this case you have more to lose by making a big fuss than by regaining possession when they move out early.
        '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

        Comment


          #5
          Thanks for your comments, and yes, I agree that it is far better this way than them refusing to leave which I initially expected. Do I have grounds for keeping the deposit to cover the month they won't be paying? This way I can keep it amicable but at the same time not lose out financially.

          Comment


            #6
            Originally posted by lougom View Post
            Thanks for your comments, and yes, I agree that it is far better this way than them refusing to leave which I initially expected. Do I have grounds for keeping the deposit to cover the month they won't be paying? This way I can keep it amicable but at the same time not lose out financially.
            There is generally no problem in doing this as long as it is protected in a scheme (if applicable)and your tenancy contract allows for it. Just tell the T this is what you propose to do and if he objects, raise a dispute with the scheme and let them arbitrate.

            If not, you can issue moneyclaimonline for the month's rent (but this assumes T has the money to pay you, which he may not have. He would however end up with a county court judgement against him - would that bother him or not?).

            Is there a guarantor?
            '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

            Comment


              #7
              Originally posted by lougom View Post
              The latest 6 months AST has just come to an end (on 1st Aug) and instead of renewing I gave them 2 months notice...I served them notice in writing stating that their last day in the property would be 1st Oct

              They have now called to say they will be leaving on 31st Aug as they have found somewhere else and don't want to pay rent for Sept. Although they have always paid their rent, they are quite awkward and I knew getting them out wouldn't be straight forward. Can I insist they pay rent for Sept. Legally are they liable?
              So, the fixed term commenced 2nd February, and the last day was 1st August?

              What date did you serve the s.21 notice? If you posted it, what date was it posted and did you get proof of posting?

              What date did T serve notice? And did they do so in writing (not just a phone call).

              Did you re-protect the deposit against the last fixed term contract?

              Comment

              Latest Activity

              Collapse

              Working...
              X