Charging for a months rent

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    Charging for a months rent

    My tenant's fixed term tenancy ended on the 1st but she is still in the flat and there does not seem to be any sign apart from a few packing boxes that have not been used outside the door! the reason she says is because the van broke down. I have served her with two s21 (b) so far but she wanted an extra three months to find somewhere else so I gave her a three months contract to end on the 1st as she is still in it it has become a periodic tenancy which form do I serve her with! bearing in mind she is constantly behind with her rent and also has breached quite a few of the covenants in the lease I want to get rid of her. I turned up yesterday to ask when I could see her out and check over the inventory and she could not tell me. What papers should I serve on her if I serve another S21 (a) or (b) that will mean she will have another two months but really as it is the end of her tenacy agreement do I need any excuse to ask her to leave! she had a one year AST agreement before I gave her the extra 3 months AST!

    #2
    So you gave her a further tenancy after the S21 was served? When you say rent is overdue, to what extent is it currently overdue?
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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      #3
      She owes 275 pounds for march but she has only been paying in bits and pieces ie 100 here 250 pounds here and so on she is not a full months in arrears but also she breaches a lot of covenats to do with safety and I also asked for a non smoker and it turns out she is a very heavy smoker!

      Comment


        #4
        What a pity that you granted her an additional three months tenancy which effectivel;y cancelled the section 21 notice with which you served her and thus yu will have to start again - which gives her an additional two months at least. You could use section 8 but before you can use the mandatory ground 8, the tenant has to be two months unpaid - i.e. if rent is due monthly in advance, she is two months overdue when she fails to make the second monthly payment. Unfortunately I think that this is the type of tenant who will pay up on the court steps so removing ground 8. However if you go for grounds 10 and 11 as well, then an accurate record if ther low and irregular payments may persuade the judge to grant the possession order. Regrettably, judges are notoriously tenant friendly and will believe any promises to pay that a tenant will utter - and then not keep!

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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          #5
          Yes that is what I thought, but I have had to sent warning notices to her as she was covering the electrics with material which could have caused a fire and hanging wet clothes over the electrics. But you are right she waits until I ask for the rent and then she pays up! how as she is still in it she now owes rent for June as well as the two weeks rent for March.

          Do you know if I can serve a section s21 v (b)ie the one for a periodic tenancy to her now so that it is from the day I serve it or do I have to serve it starting from the date she moved in which is today or will I have to serve it now so that it takes effect from next month, all this legal stuff is confusing!

          Comment


            #6
            To give you an accurate answer, we need some accurate information.

            Can you tell us the start and end dates of the original AST?
            Was the extra 3 months in writing, with start and end dates, or did you just agree '3 months'
            How much is her rent per month?
            What is the total that she hasn't paid (that she should)?
            Did she pay a deposit? If so, did you put it in a scheme? and when?

            Comment


              #7
              Charging for a months rent

              Does a tenant owe a months rent if they stay on after the AST has expired! mine stayed 9 days after the end. I would not mind but she left the place filthy and is refusing to pay for the cleaning she offered me 50 pounds at the end of the tenancy for the cleaning but I refused that as everything was discusting, windows, carpet, cooker, taps,. I send her a move out letter etc explaining what she had to do ie everything clean etc! plus batteries were not replaced and she walked off with a lovely mirror!

              Comment


                #8
                Yes, if she failed to vacate by the last day of the fixed term or the end of your notice period, then she becomes liable for the next month's rent (and thereafter until she vacates by the end of a period of the tenancy having given or been given appropriate notice).

                Assuming this is an AST in England or Wales, you detailed check-in/out inventories and her deposit is protected in a scheme, claim the cost of the thefts and remedying the mess from the scheme and claim her rent too if the contract allows that.

                Any excess, you will have to claim through the court.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  What date did the fixed term begin (dd/mm/yy)?
                  What was the length of term, and was an 'end' date specified?
                  Was rent payable monthly?
                  What date did T vacate?
                  Was an inventory/condition report carried out at check-in? Signed off by T?
                  Did T pay a deposit?

                  Comment


                    #10
                    In addition you should also described how the tenancy came to an end. Indeed while MTG is correct in principle you might have in effect agreed to a surrender. In such case no further rent would be due beyond surrender date.

                    Comment


                      #11
                      After months of non payment of rent and breaches of the lease I agreed to give her a short three month AST so that she could find somewhere cheaper. I had previously served two S21b on her and she didnt move out however she said she was looking for somewhere to share with a friend so I agreed to let her have three months AST. I sent her move out letters along with the time and date I would arrive to see here out when I get there she slammed the door in my face when I finely got her to leave she threw I temper tandram whilst I was taking photos of the dirt and filth and than refused to pay well she offered 50 pounds I got a professional carpet cleaner in and cleaned the rest myself as it was so dirty I doubt if they could have done it but I did have to paint the place so I cleaned as I went along she turned out to be a smoker having answered an advert for a non smoker.

                      Thanks for your repies they are a great help. I may add she is the first tenant I have ever had trouble with and I was very sypathetic at first in respect of nonpayment of rent sue to the recession etc so I feel very cross.

                      Comment


                        #12
                        Please answer the questions in post #3.

                        Comment


                          #13
                          Originally posted by surreygirl View Post
                          I sent her move out letters along with the time and date I would arrive to see here out when I get there she slammed the door in my face when I finely got her to leave she threw I temper tandram
                          The only way the landlord can unilaterally and lawfully end an AST tenancy is by serving notice under either s.8 or s.21 Housing Act 1988, applying for a possession order, and getting a court bailiff to enforce the order.

                          From what you say, it sounds like you may possibly have illegally evicted the tenant. This is a criminal offence.

                          See s.1 Protection from Eviction Act 1977
                          http://www.legislation.gov.uk/ukpga/1977/43/section/1

                          s.1(3A)

                          Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if
                          (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
                          (b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

                          Comment


                            #14
                            Originally posted by westminster View Post
                            Please answer the questions in post #3.
                            But don't bother if it's the case that you forced the tenant to leave against her will. If that's what happened, then I would not recommend that you pursue any claim against the T for unpaid rent etc. Just cross your fingers that T does not complain to the tenancy relations officer at the local council (it is they who bring prosecutions for illegal eviction), or bring a civil claim against you for damages for illegal eviction.

                            Comment


                              #15
                              Moderator: please merge with OP's previous thread
                              http://www.landlordzone.co.uk/forums...ll-in-property

                              Comment

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