AST expired; s.21 notice received; is it valid?

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

    #31
    What if it had a saving clause as well? It doesnt matter if the dates are wrong then does it?

    More and more s21 have it in it now.

    Comment


      #32
      What is a 'saving clause' please?



      Freedom at the point of zero............

      Comment


        #33
        Interlaken, see: http://www.newlawjournal.co.uk/nlj/c...ion-21-or-bust

        A saving clause would save the day if the wording does not create confusion regarding the date.

        Comment


          #34
          Originally posted by jjlandlord View Post
          A saving clause would save the day if the wording does not create confusion regarding the date.
          I think the policy has to be: Either use a formula or insert a date. If you do both and the formula produces a date different from the specified date then you have created confusion.

          See here paras 3, 4 and 5: http://www.pla.org.uk/__data/assets/...sWEBBERweb.pdf

          Pedant's note: If you use a formula only it is not a saving formula.

          Comment


            #35
            Thanks for this document!

            Originally posted by Lawcruncher View Post
            I think the policy has to be: Either use a formula or insert a date. If you do both and the formula produces a date different from the specified date then you have created confusion.
            Yes, if a date is given the saving clause must be very carefully worded. That reminds me of that post on the NearlyLegal blog: http://nearlylegal.co.uk/blog/2010/0...ate-of-notice/

            Comment


              #36
              Several threads started by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

              Comment


                #37
                (I am sorry that my 2 threads about the same situation were started separately. however a third thread nothing to do with the current situation also seems to have been merged - which is why it doesn't make sense)

                I am going to accept that even though the s.21 notice may not have been served correctly this time, eventually it will be and we will have to leave. We have therefore found a new property. Our original tenancy agreement (which expired in july 2010) stated we had to give 2 months notice on any day of the month. We would now like to leave as soon as realistically possible - one agent told us we could vacate whenever we liked because landlord had served notice on us. Do we have to give a months notice in line with the tenancy period (i.e. by today) or can we just agree one month with the landlord at any date of the month. our new application is still subject to references.

                Comment


                  #38
                  By Statute you would have to give your notice today, but of course you and your landlord are free to agree anything you like between you.

                  I would advise making sure of your next place before giving notice.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #39
                    Originally posted by rachelpeacock View Post
                    We would now like to leave as soon as realistically possible - one agent told us we could vacate whenever we liked because landlord had served notice on us. Do we have to give a months notice in line with the tenancy period (i.e. by today) or can we just agree one month with the landlord at any date of the month.
                    You can give notice whenever you like, but it must be at least one month and expire on the 22nd of the month. That's the notice required by law, but if the landlord is happy with a 'bare' month's notice you're free to agree that with him instead.

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Dogs
                      by royw
                      What does your AST say about it?
                      05-12-2021, 23:20 PM
                    • Dogs
                      by Bridge2020
                      My tenant has asked if he can get a dog. Where do I stand on this ?...
                      05-12-2021, 11:23 AM
                    • Advice on s.8 & s.21
                      by Hetty911
                      Hi all,

                      Long time lurker, first time poster. Would be grateful for advice on the below.

                      Have a tenant on a AST which expired in July and has rolled onto a periodic tenancy. Over past 6 months rent has been delayed, partial and on two occasions unpaid. 2 months rent is missing...
                      05-12-2021, 22:01 PM
                    • Reply to Accelerated possession order
                      by Hudson01
                      Unless the tenant has dependent children, some, or all with a disability, and some other form of vulnerability for her/him self..... they will be in a crummy emergency accommodation flea pit or a dumpy flat in a place resembling the film set of '' Escape from New York ''. They are deluded.
                      05-12-2021, 20:36 PM
                    • Accelerated possession order
                      by Pariah81
                      A tenant has refused to leave the property at the end of her tenancy and has now asked to be evicted as in her words 'that will make her eligible for a council house'.

                      I am sending an accelerated possession order through the courts but whilst completed the forms noticed two apparent errors...
                      05-12-2021, 18:12 PM
                    • Reply to Accelerated possession order
                      by theartfullodger
                      Thatcher's 1988 housing act makes it clear tenant does not have to leave at end of fixed term

                      Why help tenant take a council property from a more deserving case? I'd decline to serve s21. S8 if possible... (was she ever late with rent?)
                      05-12-2021, 19:17 PM
                    • Reply to Accelerated possession order
                      by Pariah81
                      Ok so it looks like the section 21 notice is invalid as a result of this error. The deposit scheme was not in place at the time of the notice.

                      Apparently the deposit has to be returned in full....
                      05-12-2021, 18:35 PM
                    • Reply to Dogs
                      by ash72
                      The good thing is they have asked you prior to getting one, so the decision is yours. If you do decide then I would suggest you increase rent to compensate for your loss in the future.
                      05-12-2021, 17:21 PM
                    • Reply to Dogs
                      by jpkeates
                      I wouldn't, but it does depend on what type of dog.
                      You should assume your carpets will all need replacing.
                      05-12-2021, 16:21 PM
                    • Reply to STA, Section 8 and Court delays/Christmas
                      by jpkeates
                      Assuming it's an AST (STA's are Scottish)...
                      You don't have to renew the tenancy, just let it become periodic.
                      And, you're right, don't renew it.

                      To repossess, you'll either have to attend court or pay a solicitor to do so on your behalf.

                      If the tenant doesn't owe...
                      05-12-2021, 16:13 PM
                    Working...
                    X