What is the correct Expiry Date for my S21?

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    What is the correct Expiry Date for my S21?

    My private tenant of nearly 3 years went on the sick in July claiming stress. His rent is 95% covered by HB so he has to pay £6.40 a week, which is 4 weeks in arrears now. As he is now in the flat 24-7 he is smoking in there and has a pet dog to keep him company, both breaches of the AST.

    He's now complained to the HB that the flat has defects so i need to spend money checking them out. All of this is making me inclined to not renew the AST come January, but I've never had to use a Section 21 before so would like to ask what's involved? The tenancy began on 31st Jan 2012 and rent is due weekly. Will HB re-house him or is it more likely he will stay and force me to evict him?

    I'm in two minds about doing this. If I get him out, then i'll probably have to redecorate the flat anyway and fix and defects, plus have the place vacant which will only add to me expenses.

    Any advice on my best course of action and experiences of ending AST for HB tenants would be appreciated.

    #2
    He will 99% stay, and you will be forced to evict him.
    DO NOT renew his tenacy.

    Have you written to him about the dog and smoking?
    Was a deposit paid?
    What was the length of the fixed term?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Hi. Thanks for replying so quickly.

      As he is a single man, i was sceptical HB would re-house him, but thanks for confirming my suspicions. I will not renew his AST, but does that make a difference? Doesn't it just become a periodic tenancy anyway?

      No i haven't written to him. He first had a small cat which I agreed to turn a blind eye to for as long as no neighbour complained which they didn't. However, the dog is bigger (staffy) and he didn't tell me about it until i went to collect rent. I told him smoking wasn't allowed and he said he didn't smoke in the flat but in the communal corridor. However, the flat stinks so i've said i will deduct from the deposit the cost of redorating. As the deposit was paid from a charity, he didn't care as its not his money.

      The deposit is held with The DPS.

      The current tenancy agreement is for twelve months from 31st Jan 2012 and is the third AST with this tenant. He's been really good up until he went on HB.

      Thanks.

      Comment


        #4
        What is the correct Expiry Date for my S21?

        Hi. I want to issue a S21 for an AST and want to check I've got the expiry date correct. Please can someone help?

        The tenancy agreement started on 31st Jan 2012 and is for 12mths. however, the tenant pays weekly.

        My thinking is that the tenancy expires on 30th Jan 13, so i have to issue the S21 no later than this coming Friday 30th Nov which is rent collection day so i will issue in person. BUT 30th Jan 13 is a Wednesday, so does that make any difference to the S21? Does it also mean that the final week's rent due is 6/7ths of the weekly amount?

        Many thanks,
        Mark

        Comment


          #5
          What date was the deposit paid?
          Have you served the tenant with BOTH the "Terms and Conditions" and the "Prescribed Information" for the Deposit Protection Service?
          This amounts to 15 sides of paper.
          If so, can you prove it?

          Write to him about the pets and the smoking.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            The deposit was paid by cheque from a homing charity. I cleared it before the original tenancy started (31st july 2010) to ensure i had cleared funded, then issued a letter of receipt.

            Looking on the DPS website i issued the tenant with a copy of the Tenant's Guide, but not the T&C's. Why, does this have a bearing on the S21 or just the deposit claim for redecorating?

            Comment


              #7
              So you have a tenancy agreement quoted in months, while the rent is payable weekly, correct? Rent is payable weekly according to the tenancy agreement and not an offline agreement with the tenant, correct?

              Have you also protected the deposit (if you took one) into an approved scheme and given tenant the prescribed info and scheme Ts&Cs(15-20pages)? And when did you do that?

              If you are compliant and the dates are accurate, then yes, what you say is correct. Your expiry needs to be "AFTER the 30th of January 2013"

              The reason for the peculiarity is that you granted a tenancy that is quoted in months while the rent periods are weeks, hence, the 2 do not align. I would think that pro rata rent is appropriate.
              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


                #8
                Mods may want to merge with OP's previous thread today:

                http://www.landlordzone.co.uk/forums...kely-to-happen

                otherwise everyone is going to be asking the same questions and repeating same info all over again!

                Comment


                  #9
                  I cannot recall issuing the tenant with a copy of the deposit scheme T&C's. Does this invalidate the S21 in some way?

                  Yes, the tenancy term is stated in months, but the tenant wanted to pay weekly in cash in line with his wages, so i amended the Rent clause to show weekly payments. Should I have stated the tenancy as 52 weeks instead then?

                  Comment


                    #10
                    Originally posted by LesleyAnne View Post
                    Mods may want to merge with OP's previous thread today:

                    http://www.landlordzone.co.uk/forums...kely-to-happen

                    otherwise everyone is going to be asking the same questions and repeating same info all over again!
                    Happy to have them combined. I only kept them separate to begin with as I didn't know how big the can of worms might be!

                    Comment


                      #11
                      Two related threads have been merged.
                      I also post as Mars_Mug when not moderating

                      Comment


                        #12
                        To comply with the Sec 21 rules, the T's & C's and prescribed info need to be served also.
                        I would do so asap, ideally in hand with a witness.


                        I would then serve the Sec 21 the day after:

                        http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

                        If the Sec 21 was deemed served on or before the 29th November 2012,the date on the notice would be 30th Jan 2013.
                        If you can't make that date, you can add a few days onto the expirty date, but just ensure it is "at least" two months.

                        In future,, have monthly rent, and monthly tenancy periods. If you wish to vary it, do it "on the side" by working out the payment period that suits the tenant. It makes things a lot easier
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Edit: Just seen your post Saint. Yes it really took me 10 minutes to draft my post!
                          ######
                          OK so from what I'm gathering from this thread and others I've read, its likely that my S21 will be ignored by the tenant and if I take it to court, there may be grounds to have it thrown out.

                          So, what is my course of action now? Do I have to wait until the tenant doesn't leave before issuing another notice? What one, s8? If so on what grounds? Presumably he'll ignore this too so then is it off to court?

                          I think I'll put the smoking and pets question in a separate thread....
                          Last edited by mguiver; 26-11-2012, 17:13 PM. Reason: prior reply posted

                          Comment


                            #14
                            Originally posted by thesaint View Post
                            To comply with the Sec 21 rules, the T's & C's and prescribed info need to be served also.
                            I would do so asap, ideally in hand with a witness.
                            Thanks. What exactly is the 'prescribed info'? This seems to be a legal term but i cannot see anything on the DPS website indicating what this is. T&C's are thankfully obvious.

                            Comment


                              #15
                              Originally posted by mguiver View Post
                              Thanks. What exactly is the 'prescribed info'? This seems to be a legal term but i cannot see anything on the DPS website indicating what this is. T&C's are thankfully obvious.
                              http://www.depositprotection.com/doc...n-template.pdf
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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