Evicting Tenant on Periodic Assured Shorthold Tenancy - Dates

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    Evicting Tenant on Periodic Assured Shorthold Tenancy - Dates

    Hi,

    I am a landlord who is in the process of evicting a tenant.

    The first step I have been told to do is issue the tenant with a notice requiring possession. This will be under the periodic assured shorthold tenancy as the fixed term has expired.

    I am a bit confused as to the 'date of expiry of this notice' part.

    The term of the contract was from the 8th August 2008 to 7th August 2009..
    So I wanted to find out whether I put down 3rd February 2011 (2moths notice) or 6th February 2011 (2 months + the completed current period)

    Also, following this would I need to get a N5B filled after the notice expires?

    Thank you

    #2
    Originally posted by landlord101 View Post
    The term of the contract was from the 8th August 2008 to 7th August 2009..
    So I wanted to find out whether I put down 3rd February 2011 (2moths notice) or 6th February 2011 (2 months + the completed current period)
    Neither, assuming rent is payable monthly. A s.21(4)(a) notice in a periodic tenancy must give T at least two (calendar) months, and also expire at the end of a tenancy period.

    The periods begin the day after the fixed term expired - i.e. on 8th August 2009 - and their length is based on the frequency with which rent is payable under the terms of the expired contract. Therefore, if rent is payable monthly, the periods will run 8th - 7th of the month, and your notice should say you require possession "after 7th [month] [year]" (the word 'after' is v. important).

    In order for your s.21 to expire "after 7th February 2011" you must serve it by Tuesday 7th December 2010, so it's too late to post it (as it's only deemed served two days after posting). You will have to serve in person (i.e. post through the letter box of the rental property) and take a witness with you as you will need evidence of service if you then apply for possession. Keep a copy of the s.21 notice.

    N.B. If T paid a deposit, it must be protected and the prescribed info given to T before a s.21 notice is served (or the notice will be invalid).

    Also, following this would I need to get a N5B filled after the notice expires?
    I know very little about possession procedure, but, yes, after the notice expires, if T hasn't vacated then you must apply to the court for a possession order. A s.21 notice is not a notice to quit, and doesn't end the tenancy nor oblige the tenant to leave.

    Comment


      #3
      I am a little confused as to the deposit.
      the tenancy was through the council, and and incentive payment was given on behalf of the tenant through the 'finders fee' scheme. What do I need to do with regards to this?

      Comment


        #4
        The incentive is yours to keep.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Originally posted by landlord101 View Post
          I am a little confused as to the deposit.
          the tenancy was through the council, and and incentive payment was given on behalf of the tenant through the 'finders fee' scheme. What do I need to do with regards to this?
          If you are holding this money as security against breaches of the tenancy contract (e.g. unpaid rent, damage), and it's refundable if there are no breaches, then it's a deposit and should be protected.

          Having Googled 'finders fee scheme', I found this
          http://www.eppingforestdc.gov.uk/Cou...Fee_Scheme.asp
          which suggests that the payment you received is not a deposit, therefore doesn't require protection.

          Comment

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