Section 21 - Where have I gone wrong......

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    Section 21 - Where have I gone wrong......

    Tenancy in England started 28 July 2010 6 month AST went periodic.

    Section 21 issued on 28th November 2011 asking for possession on or after 2nd February 2012. Tenants accepted service.

    Applied for possession order 27th May 2012 and judge has chucked it out saying I should seek legal advice.

    Tenants have left 6 June 2012.

    What went wrong?



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

    #2
    As it was a periodic tenancy, the expiry date of the s21 needed to be the last day of a tenancy period.

    Presuming the fixed term ran from 28/7/10 to 27/1/11 then if rent was reserved monthly, each tenancy period ran from 28th of the month to 27th of the following month.

    Your s21 should have had an expiry daye of "after 27th XX 2012", so if served on 28th November, the expiry could have been 'after 27th February 2012' (because 27 Jan would be less than 2 months).

    Comment


      #3
      How did the 2nd of February come up?

      Your periodic tenancy seems to have started on the 28th of January 2011, running from the 28th to the 27th

      And why are you asking since the tenants left anyway?
      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

      Comment


        #4
        Thanks Snorkerz. I think confusion has occurred because tenants asked to pay rent 1st of the month though tenancy started on 28th. They paid 2 days separately in advance on the 1st occasion rent was due.

        What to do now? No idea where tenants have gone - not an amicable parting. Deposit suspended as they owe nearly as much in rent debt.



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

        Comment


          #5
          M SAxp - just got court letter refusing judgement today.

          Technically tenancy is not formally ended. I feel I need to dot T's and cross I's



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

          Comment


            #6
            How do you mean the deposit is suspended?

            If the property is vacant (ie clear of all the tenants goods) then you may feel it is safe to take that as a surrender by opration of law. It is possible they will come back, but it sounds unlikely.

            If you have their mobile number and a fancy phone, you may want to text them asking if they have surrendered the property. If they reply in the affirmative, print it off.

            Comment


              #7
              I asked the DPS to suspend the deposit after reading on another forum that a tenant with help from Shelter managed to get the deposit returned to her as she had the repayment ID. LL it that case had given in to the tenant unwittingly for info months prior.

              I'm sure my tenants don't have the repayment ID but I wanted them the realise that by contacting the DPS they would not get the cash without a fight. They are Polish - no patience, in massive debt and want everything now.

              They are on HB and the LA has agreed a cut of date of 6th June of paying rent to me. Technically I could have gone for another months rent but I am not that nasty.

              They did leave a sofa bed behind -'for the next tenants' verbally offered but I had it removed by a contractor - yes I know they could want it back.

              Unfortunately at the weekend I received threatening texts and voicemail from the husband telling me he would come to assault me at 5pm -I appreciated the notice! I informed police and he was picked up by them using a payphone to make the calls! I don't want to communicate by text or any other means for the time being.
              All gone quiet since then and now got house in bits as they trashed the bathroom.

              I am just annoyed with myself that I got the dates wrong and I wanted the judgement to charge them for the court fee of £175. Too much else happening!



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

              Comment


                #8
                DPS would not have released the deposit without your approval.

                Now your only way of getting it released is to go to court and sue for the damages/unpaid rent

                Presuming you are successful, the judge can order DPS to release the deposit to you.

                Comment

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