Tenant Refusing To Sign Deposit Protection Prescribed Info

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    #16
    Originally posted by ABC123 View Post
    He's saying that he has no intention of leaving. What would be the next step if he doesn't leave on the date he's meant to?
    He isn't 'meant' to leave until you get a court order. All the s21 tells him is that you wil be seeking possession from the courts after the expiry date.

    I was also wondering what would be the consequences of finding a replacement tenant if the current one fails to move out? I am hoping that this is all bluster and that he will actually move out and if this is the case then I would like to have another tenant lined up to move straight in the next day - but if I do and then the current tenant doesn't move out then it could effectively be making the replacement tenant homeless.
    Agree wit JTA, do not promise what you are not sure you can deliver. If you attempt to let the propery, and the tenant remains in-situ (as is his right), then you will be in breach of contract with your new tenant, with the possibility of having to contribute to their accommodation costs while it is sorted out.

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      #17
      Originally posted by thesaint View Post
      There is no requirement to have a witness, let alone be independent.
      Really, even though I would have no proof?

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        #18
        Originally posted by ABC123 View Post
        Really, even though I would have no proof?
        I suspect thesaint means you can issue your own signed statement, including the words "I believe that the facts stated on this document are true". Whether the judge would accept that as proof is up to him. We have tended to recommend only methods that are reliably accepted.

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          #19
          Originally posted by Snorkerz View Post
          He isn't 'meant' to leave until you get a court order. All the s21 tells him is that you wil be seeking possession from the courts after the expiry date.

          Agree wit JTA, do not promise what you are not sure you can deliver. If you attempt to let the propery, and the tenant remains in-situ (as is his right), then you will be in breach of contract with your new tenant, with the possibility of having to contribute to their accommodation costs while it is sorted out.
          Surely he is meant to leave on the date I gave him notice to leave on???

          Aren't we all at risk of being in breach of contract then if we assume a tenant is moving out (either T or LL gives notice), find a replacement to move in and come the supposed move out date the tenant says he is not moving out afterall.

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            #20
            Originally posted by ABC123 View Post
            Aren't we all at risk of being in breach of contract then if we assume a tenant is moving out (either T or LL gives notice), find a replacement to move in and come the supposed move out date the tenant says he is not moving out afterall.
            Yes, frankly.

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              #21
              Originally posted by ABC123 View Post
              Surely he is meant to leave on the date I gave him notice to leave on???.
              But an s21 isn't a notice to leave.

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                #22
                Oh. Should I have given the tenant a notice to leave before giving him an S21 notice? I just gave him the S21

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                  #23
                  According to one of the flatmates, the troublesome T has now taken off the door handle and put another one on with a new lock and not given me a copy of the key. Is he allowed to this without my permission?

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                    #24
                    Originally posted by ABC123 View Post
                    According to one of the flatmates, the troublesome T has now taken off the door handle and put another one on with a new lock and not given me a copy of the key. Is he allowed to this without my permission?
                    I would think this depends on what is in his AST. But regardless, what would you do? Its done and a mere distraction sideshow to the main event - getting him evicted through the courts if he refuses to leave by required date.

                    And this action alone (if counter to the agreement) seems to indicate T is battenning down the hatches ready for the storm, I'd get prepared if I were you.

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                      #25
                      I'm worried that when he is evicted he could leave with the door locked and without giving me a key. Would I be entitled to keep back from the deposit the cost of getting a locksmith in?

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                        #26
                        Originally posted by ABC123 View Post
                        I'm worried that when he is evicted he could leave with the door locked and without giving me a key. Would I be entitled to keep back from the deposit the cost of getting a locksmith in?
                        Well if he leaves and that is your only issue I would think you have done quite well from the situation. In theory yes, you could dispute the deposit with receipts of work done but I would think it would be tough to get the DPS to cough up. They are a nightmare if you are with them. If with another deposit protection scheme I dont know how they work.
                        But as I said, may be you just absorb the cost and move on happily.

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                          #27
                          Originally posted by ABC123 View Post
                          Oh. Should I have given the tenant a notice to leave before giving him an S21 notice? I just gave him the S21
                          No. You cannot serve a 'notice to leave' or a 'notice to quit' on an AST tenant. Snorkerz was just pointing out that the s.21 notice doesn't oblige the tenant to vacate at notice expiry.

                          The only way you can unilaterally end the tenancy is by serving a s.21 or s.8 notice, applying to the court after notice expiry for a possession order, obtaining and executing the possession order - it is only when the bailiff turns up to execute the order that the T obliged to vacate.

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                            #28
                            Originally posted by ABC123 View Post
                            I went to the house and left the S21 at the premises on 26 Aug with the date of expiry of the notice as 'after 27 Sep' (he pays rent on 28th of each month as per AST).
                            So are we to assume this is a periodic AST, and that the fixed term expired on the 27th of the month?

                            Originally posted by ABC123 View Post
                            I left it on 26 July and the date of expiry of the notice was 'after 27 Sep'
                            Originally posted by ABC123 View Post
                            It was 17:35 according to the photos I took. Surely the 2 working days is to give time for the post to be delivered, in my case it was hand delivered.
                            The notice would have been deemed served on the next business day, 27th July, as it was delivered after 4.30pm.

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                              #29
                              Originally posted by westminster View Post
                              So are we to assume this is a periodic AST, and that the fixed term expired on the 27th of the month?
                              Yes, that's correct.




                              Originally posted by westminster View Post
                              The notice would have been deemed served on the next business day, 27th July, as it was delivered after 4.30pm.
                              Does that mean the S21 is or is not valid?

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                                #30
                                Originally posted by westminster View Post
                                The notice would have been deemed served on the next business day, 27th July, as it was delivered after 4.30pm.
                                Originally posted by ABC123 View Post
                                Does that mean the S21 is or is not valid?
                                I believe you made it by the skin of your teeth. You do not count the day of service in the '2 months notice' so 28th July to 27th Sept is exactly 2 months.

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