Section 21 During Extension

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    Section 21 During Extension

    Hi there -

    I am trying to serve a section 21 on a tenant who originally took out a 12 month tenancy, and when that expired, was given an additional 12 months (with get out clause) extension document.

    The tenant has not been paying rent so I want to use a Section 21 to evict them. Do I use (1)(b) as they were technically given another 12 months fixed term, or do I give them a (4)(a) as they have a one month/two month for LL let out clause?

    Many thanks!

    #2
    What do you mean by an extension document? Do you mean you have granted a new 12 month fixed term contract?

    If so, please tell us:
    Date fixed term commenced
    Is rent payable monthly or weekly?
    Did T pay a deposit and, if so, is it protected and the prescribed info provided to T?
    Please quote the exact wording of the break clause

    Comment


      #3
      Here is a copy of the extension document: Thanks!


      MEMORANDUM OF AGREEMENT Dated this 20 May 2010

      Where by it is agreed by and between the Landlord

      MR ****

      and the tenants

      Miss ***

      In respect of the premises known as

      ****

      In respect of the tenancy herein before created on the

      14 August 2009

      and should continue from noon on the

      14 August 2010

      to noon on the

      14 August 2011

      At a monthly rental of £925.00 per calendar month exclusive and otherwise on the same terms and conditions as far as they are applicable to an extended tenancy.

      It is further agreed that the Tenant may at their option end and terminate the tenancy to coincide with the tenancy commencement date by notifying the Landlord’s Agent in writing of their desire to do so one clear month in advance to coincide with the tenancy start date. It is further agreed that the Landlord may at their option end and terminate the tenancy to coincide with the tenancy start date by notifying the tenant of their desire to do so, two clear months in advance. This termination shall not affect any rights or liabilities which have accrued on any other clause in this agreement created on 14 August 2009.

      Miss****

      Signed by the above named person.

      SIGNATURES: .................................................. .........
      Duly authorised to sign on
      behalf of the above named. .................................................. ..........

      DATE
      WITNESS SIGNATURE NAME: (Block Capitals)
      OCCUPATION
      ADDRESS

      Is rent payable monthly or weekly?

      Monthly on the 1st of each month (originally payment was pro-rata'd but commencement date was 14th)

      Did T pay a deposit and, if so, is it protected and the prescribed info provided to T?

      T Paid deposit, it is registered with TDS and tenant was given copy of certificate.

      Please quote the exact wording of the break clause (see above)

      Comment


        #4
        You should wait for one of the forum's legally qualified members to comment, but it seems you have extended the fixed term by Deed, however, I don't think the break clause can be exercised.

        It says "It is further agreed that the Landlord may at their option end and terminate the tenancy to coincide with the tenancy start date by notifying the tenant of their desire to do so, two clear months in advance." This appears to say that you can give notice to end the fixed term on 14th August 2009 - i.e. day one of the tenancy. It's nonsense, basically - though presumably it's trying (and failing) to say that the notice must expire on the 14th of a month.

        How much rent is owing and unpaid? i.e. if the rent due in advance on 1st March (for the period 1st -31st March) is unpaid, that counts as one month owing and unpaid. You may be better off serving a s.8 notice if there is at least two months owing and unpaid.

        Comment


          #5
          Originally posted by Shelley11 View Post
          In respect of the tenancy herein before created on the

          14 August 2009

          and should continue from noon on the

          14 August 2010

          to noon on the

          14 August 2011
          This bit bothers me as well.

          If the original term was 12 months commencing 14th August 2009, the last day of the fixed term should have been 13th August 2010, unless the contract says it expires at noon on 14th August 2010. If it doesn't, then there's a 12 hour 'gap' in the fixed term between midnight of 13th August 2010 and noon on 14th August 2010.

          Comment

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