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

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

  • westminster
    replied
    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?

    Leave a comment:


  • mind the gap
    replied
    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?

    Leave a comment:


  • lougom
    replied
    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.

    Leave a comment:


  • mind the gap
    replied
    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.

    Leave a comment:


  • jta
    replied
    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.

    Leave a comment:


  • jeffrey
    replied
    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?

    Leave a comment:


  • lougom
    started a topic AST term expired- have I served valid Notice on T?

    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?

Latest Activity

Collapse

Working...
X