Tenant not leaving - can she claim not to have received notice?

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    #16
    The date has nothing to do with when the rent is paid. It might coincide with the tenancy periods or not. The tenancy periods start on the date following the end of the fixed term and follow the frequency of rent (i.e. monthly).

    You can allow as many days as you want after the end of the notice. The notice entitles you to apply to courts anytime after its expiry,it doesnt mean the tenants have to leave on that date. They might even serve notice and leave with 1 months notice. What the S21 does, is that it allows you to apply to courts no earlier than its expiry but anytime afterwards.

    As far as proof is concerned, you can have proof of postage, a witness, photo evidence (maybe), or acknowledgement from the tenant
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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      #17
      Originally posted by iquit View Post
      Having decided to sell up we gave our tenant the statutory 2 months notice (2 months ago) before the rent was due and were expecting her to be gone. However, there is no sign of this happening - rent has gone into the bank and she isn't responding to texts and phone calls.

      I'd like to think it would be a clear cut case of moving on to the next stage but have one major concern. I put the notice of termination through the door myself - I'm thinking she could just deny receiving.

      The other factor that may have a bearing is the nature of the tenancy. The tenant signed an AST when she moved in around 2 yrs ago, but nothing since. If we have to give notice again from scratch how does this need to be done.

      The annoying thing about this is we gave the tenant an extra month on top of the statutory and she has now stitched us up.
      When the fixed term tenancy expired, a statutory periodic tenancy arose under s.5 Housing Act 1988, replacing the fixed term tenancy. In other words, the tenancy effectively continued, but on a monthly 'rolling contract' basis.

      I fail to see how the T has 'stitched you up'. A s.21 notice is not a notice to quit, does not end the tenancy nor oblige the T to vacate; it merely entitles you to apply to the court for possession after notice expiry. Moreover, the T has continued to pay the rent due. Until you obtain a court order and get a bailiff to enforce it, the tenancy continues with the T fully entitled to remain in occupation.

      You've stitched yourself up; by failing to serve valid notice, by failing to obtain evidence of service, by failing to obtain evidence of having given T the prescribed information (if indeed you did this originally; the information is given by the LL direct to the T, so I wonder why you'd think the scheme might have a record of this). In addition, you could have served a s.13 notice to increase the rent after the tenancy became periodic, but you didn't.

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        #18
        Originally posted by westminster View Post
        I fail to see how the T has 'stitched you up'.
        We went out of our way to give the tenant the extra 6 weeks she asked for, didn't raise the rent for 2 years despite it being below market to start with and dealt with her fairly and promptly for 2 years.

        We only ended up renting out the house as it didn't sell, so forgive my lack of knowledge on the minutiae of what is required to get someone out of a house.

        Whilst you are completely correct in a legal sense, I still think we have every right to be aggrieved with the tenant.

        So was your response intended to be of any help or merely to point out your superior knowledge of residential letting legalities?

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          #19
          iquit/csl: welcome to LLZ!!

          Letting property is a business: With an asset usually £100k+, and potential liabilities in the £20k+ range. If the business owner can't be bothered to understand the legalities of what they are getting involved with, so be it, but surely anyone with half-a-brain would realise the risks they were running. I started with little or no knowledge, got in even more of a mess than you seem to have, but as I recall (but hopefully someone else will find evidence otherwise..) didn't whinge on about the hole I'd dug for myself.

          It seems that the extremely well informed and expert westminster as merely described reality, one you created, not westminster.

          I seem to remember from my days of youth: If you find yourself in a hole, stop digging..

          Cheers!!

          PS Most years I make money from lettings, but not always... I only have half-a-brain left due to old age & alcohol.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #20
            Please don't be agrieved because your tenant is requiring you to respect her legal rights.

            I am sure that you would feel agrieved if someone were to ignore and disregard your rights.

            Now you have been given the information you need to get this right at the 2nd attempt. If you feel your self-acknowledged lack of knowledge will make this different, then there are companies out there that can do it for you (there will be ads on this page).

            Once you have looked at their 'fees' page you may realise that the information offered on here is superb value for money.

            Comment


              #21
              Originally posted by Snorkerz View Post
              Please don't be agrieved because your tenant is requiring you to respect her legal rights.

              I am sure that you would feel agrieved if someone were to ignore and disregard your rights.
              Firstly, I am very appreciative of the advice given here - and yes I probably will seek professional advice and get this sorted out properly second time round.

              Regarding 'rights', I have a very simple, apparently naive, moral code. If someone asks you for a favour and you grant it at your own cost then it is fair to expect them not to throw it back in your face. It is called trust

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