Tenant has paid rent even though she is supposed to leave this week. What do I do?

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    Tenant has paid rent even though she is supposed to leave this week. What do I do?

    Hi all,

    I have a tenant in my home who is supposed to be leaving this Thursday.
    She moved in with her partner and her child. A month after moving in, he moved out. She went to the council and asked them for help and is now
    getting help with the rent.
    Anyway, for various reasons and also because I need to move back in, I
    served her with a Section 21 giving her 2 months notice to leave the
    property. She refused, saying that she would not move into temporary
    accommodation that the council have said they would provide.

    She has now put another months rent into my account and asked to stay
    until the end of March. I don't believe she would move out then either!

    I need to move back in this week, and have been to my local court to getpapers in order to start legal proceedings to evict her.

    So, what do I do about the rent that she has paid? I believe that I
    cannot accept it as rent as she is supposed to be moving out.

    Can anybody give me advice as to what I should do please.

    Many thanks.

    #2
    She is obligated to pay rent until at least the time she moves out, possibly further.
    You will not be moving back in this week.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thank you for replying.

      (This is the first time I've rented out a property so I apologise for the questions!)

      So, I can start proceedings on Friday (the day after she is supposed to move out), and while I wait for a hearing date, she has to keep paying rent? I was of the understanding that I could not accept any more money from her.
      What do I tell her now?
      I'm just not sure where I stand, sorry.

      Comment


        #4
        You can start legal proceedings when notice expires. Are you confident you validly served a correct notice??

        When did the fixed term end (date please)

        What was the EXACT wording of the expiry of the notice (eg "on 01/02/13" or "after 01/02/13").

        Was there a deposit & can you tell us what "prescribed information" means??

        Rent is still due until tenancy is ended: You need to end tenancy by getting court to do just that (takes a couple of months if paperwork perfect... ish..)

        She has an absolute right to refuse to leave on expiry of S21 (which does not end tenancy). Just as you have an absolute right to start proceedings for eviction for no reason at all using S21..

        She was not "supposed to leave" that date - S21 simply grants you the right to start legal proceedings...

        Cheers!
        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


          #5
          Originally posted by Juliecabs View Post
          What do I tell her now?
          I would write her a letter stating that if she is still there upon expiry of the Sec 21, you will be starting the court process, and will be requesting that the court costs are awarded to you the landlord.

          Originally posted by Juliecabs View Post
          I'm just not sure where I stand, sorry.
          That's what we are here for. A free resource to learn as much as you can from.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by theartfullodger View Post
            You can start legal proceedings when notice expires. Are you confident you validly served a correct notice??
            I served a Section 21 AST Notice requiring Possession
            When did the fixed term end (date please)
            The original term was for a year starting 28 Aug 12 ending 27th Aug 13, but after 6 months I served the Section 21 ie that was dated 27th Dec 12 to leave 28th Feb 13.
            What was the EXACT wording of the expiry of the notice (eg "on 01/02/13" or "after 01/02/13")The exact wording is that I gave notice on 27th Dec 12 to require possession on 28th Feb 13.

            Was there a deposit & can you tell us what "prescribed information" means??
            There was a deposit which I have registered with the TDS. I'm sorry, what do you mean by "prescribed information"
            Thank you.

            Comment


              #7
              Originally posted by thesaint View Post
              I would write her a letter stating that if she is still there upon expiry of the Sec 21, you will be starting the court process, and will be requesting that the court costs are awarded to you the landlord.

              In this letter, what do I tell her about the latest rent payment? Do I mention that at all?
              Thank you for replying

              Comment


                #8
                Originally posted by Juliecabs View Post
                .....The original term was for a year starting 28 Aug 12 ending 27th Aug 13, but after 6 months I served the Section 21 ie that was dated 27th Dec 12 to leave 28th Feb 13.
                Oh dear: You can't use S21 until initial fixed term ends 27/08/13. So your S21 was invalid:


                There was a deposit which I have registered with the TDS. I'm sorry, what do you mean by "prescribed information"
                A S21 is invalid if deposit not protected (you've done that, grand,...) and the "prescribed information" has been served.. (Sounds like you haven't).

                You need I fear to serve prescribed info (check with TDS..& be able to prove you served it ) then reissue S21 - in the fixed term format - to expire after 27/08/2013.

                You could try S8 route for rent arrrears or other contract breach grounds which will work before end of fixed term...

                Cheers!
                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


                  #9
                  S21 does not end the tenancy, or remove the tenant's obligation to pay rent to continue living at the property, until you apply for court possession and evict them.

                  Did your tenancy agreement have a 6 month break clause? Is that why you issued notice at that point?

                  Regardless of this, as you do not appear to know what the prescribed information is, you obviously haven't issued it to the tenant, so the notice you have served is invalid. If there was a break clause which would possibly have allowed you to issue notice to co-incide with the 6 month point, then you may have missed the boat now and have to wait until the end of the FT to act on any valid and correct S21 you now issue.

                  You must check the TDS website, print off their version of the PI and T&C of the deposit you protected, and give/post to the tenant with proof you have done this. Then you can issue a new S21, but may now have to wait until August before you can start court proceedings.

                  Comment


                    #10
                    Originally posted by Juliecabs View Post
                    Anyway, for various reasons and also because I need to move back in, I served her with a Section 21 giving her 2 months notice to leave the property.
                    No, a s.21 notice does not oblige the T to vacate. You served a s.21 notice informing her that, after notice expiry, you might apply to the court for a possession order.

                    I need to move back in this week
                    That's not going to happen.

                    So, what do I do about the rent that she has paid? I believe that I cannot accept it as rent as she is supposed to be moving out.
                    Your belief is wrong.

                    The s.21 notice does not end the tenancy, it merely entitles you to apply for a possession order.

                    Meanwhile, the tenancy remains in place, and rent remains payable. There is no 'problem' in respect of the T continuing to pay rent which is lawfully due.

                    Comment


                      #11
                      Originally posted by Juliecabs View Post
                      Originally posted by theartfullodger View Post
                      You can start legal proceedings when notice expires. Are you confident you validly served a correct notice??
                      I served a Section 21 AST Notice requiring Possession
                      When did the fixed term end (date please)
                      The original term was for a year starting 28 Aug 12 ending 27th Aug 13, but after 6 months I served the Section 21 ie that was dated 27th Dec 12 to leave 28th Feb 13.
                      What was the EXACT wording of the expiry of the notice (eg "on 01/02/13" or "after 01/02/13")The exact wording is that I gave notice on 27th Dec 12 to require possession on 28th Feb 13.

                      Was there a deposit & can you tell us what "prescribed information" means??
                      There was a deposit which I have registered with the TDS. I'm sorry, what do you mean by "prescribed information"
                      You cannot obtain an order for possession under s.21 to take effect before fixed term expiry on 27th August 2013.

                      Not unless there is a break clause in the contract. Is there a break clause? (If so, please give exact wording).

                      Your notice is invalid, anyway, if you have failed to provide the T with the prescribed information.

                      Comment


                        #12
                        Originally posted by westminster View Post
                        You cannot obtain an order for possession under s.21 to take effect before fixed term expiry on 27th August 2013.

                        Not unless there is a break clause in the contract. Is there a break clause? (If so, please give exact wording).
                        There is a break clause. The wording reads as follows "It is hereby agreed that any time after the 28th Day of December 2012 the Landlord may terminate this agreement by giving two calendar months notice in writing which must be sent by first class recorded delivery or hand delivered to the tenant from the landlord".

                        I hand delivered the letter to her.


                        Your notice is invalid, anyway, if you have failed to provide the T with the prescribed information.
                        Sorry, I still don't understand what "prescribed information" means.
                        Maybe I'm just being a bit thick!!!

                        Comment


                          #13
                          Originally posted by Juliecabs View Post
                          Sorry, I still don't understand what "prescribed information" means.
                          Maybe I'm just being a bit thick!!!
                          Several replies have already explained this - have you actually read them?

                          Look on the website of the deposit scheme you used. The deposit protection regs have 2 stages:

                          1 - you protect the deposit amount in the scheme

                          2 - you print off the PI, and Terms and Conditions from the scheme's website and send/give to the tenant. Note: this is not just a 1 page certificate - depending on which scheme you used, it can run to 16 or more pages!

                          All this must be done within 30 days of receiving the money from the tenant.

                          You have protected the funds (stage 1), but have not sent the PI (stage 2) so you have failed to comply with the full requirements. Any S21 notice issued without both stages is invalid and not worth paper it is written on.

                          You need to issue the PI NOW, before you even think about issuing another notice, otherwise you are wasting your time. However, even if you issue the PI now, it does not stop the tenant possibly suing you for 1-3x the deposit amount, which is the penalty for failing to fully comply with the regs - although in reality, the cost for such a claim is high, and tenant may not have the resources or knowledge to persue it.

                          However, if you want this tenant out, you must comply with every step to get the notice 100% correct. If she is already involving the council, I suspect you will have to go through the whole court application, possession order and baillifs to enforce an eviction, so any minor discrepancy with result in delays and failure of your notice at the court stage.

                          Comment


                            #14
                            Oh I see. Thank you LesleyAnne

                            Comment


                              #15
                              When you say the deposit is protected, did you actually do this within the 30 day deadline at the start of the tenancy? If you didn't you will actually have to return the deposit in full before you issue any notice. Check the date the deposit when in, otherwise even issuing the PI now will not make a future S21 notice valid.

                              What date did you get the deposit money? What date did you register it?

                              Comment

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