6 month paid upfront at start of tenancy... is statutory perodic 6 month rolling?

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    6 month paid upfront at start of tenancy... is statutory perodic 6 month rolling?

    Hi

    I let my property with an agent (who have proved to be useless) but my main question is:

    They let my property on on a 6 month basis. When the rent came for the first month I found out the tenant had paid for the whole 6 month period.

    I didnt mind, just would have like to have known. Over three years later, the tenant had continued to pay 6 months upfront at a time, until the last time about 5 months ago, where when the 6 months were up the agent let her go on a period tenancy (no new paperwork) just pay month by month. Anyway she has now not paid for over 2 months and they are going to serve a section 21 giving 2 months notice.

    My question is: if 6 months is paid upfront, doesnt it go into a 6 month by 6 month rolling contract, What is the notice period for this? If the agent has allowed her to go on a month by month tenancy, is this legally valid or what?

    There are no provisons for a CPT or SPT in the inital tenancy agreement and no subsequent tenancy agreements were signed after the very first one.

    Also, on another property the tenancy was a fixed term 6 month paid monthly and it is now on a month by month periodic tenancy. The tenancy states that rent is paid in advance monthly.

    At what point can i serve section 8 for non payment of rent? 2 months unpaid rent or two months rental arrears?

    I.e. 32 days of unpaid rent and 2 months rent arrears (one month and a day)

    Or do i have to wait a whole two months?

    Thank you

    Sarah

    #2
    Others may correct me, but as far as I know in both cases you may issue section 8 after 2 monthly 'rent days' have gone unpaid. i.e. 32 days as you say above.

    Comment


      #3
      Originally posted by jamesknight0 View Post
      Others may correct me, but as far as I know in both cases you may issue section 8 after 2 monthly 'rent days' have gone unpaid. i.e. 32 days as you say above.
      Yes. Where rent is due monthly, g8 requires only that T should owe at least two months' rent unpaid at date of s.8 Notice AND at date of Court proceedings. Two weeks after serving Notice, L can begin Court proceedings without further contacting T. These rules hold good equally:
      a. during fixed term; and
      b. during any subsequent CPT or SPT.
      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


        #4
        Originally posted by dedum View Post
        My question is: if 6 months is paid upfront, doesnt it go into a 6 month by 6 month rolling contract, What is the notice period for this? If the agent has allowed her to go on a month by month tenancy, is this legally valid or what?
        When a fixed term contract expires, and the T remains in residence, then unless the contract provides for a contractual periodic tenancy, a statutory periodic tenancy will automatically arise.

        The LL's s.21(4)(a) notice must give T at least two months, and must expire at the end of a tenancy period. The periods in a SPT are based on the frequency with which rent is payable under the terms of the expired contract, not the date it is payable, nor when the T chooses to pay it. So, if the contract says rent is payable every month, then the periods are a month long.

        At what point can i serve section 8 for non payment of rent? 2 months unpaid rent or two months rental arrears?

        I.e. 32 days of unpaid rent and 2 months rent arrears (one month and a day)
        If a month's rent is owing and unpaid on 1st January, and again owing and unpaid on 1st February, then on 2nd February there will be two months owing and unpaid and you can serve a s.8 notice citing ground 8, i.e. on the 33rd day.

        Comment

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