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

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    #16
    I received the deposit the day they moved in (28th Aug 2012) and registered it the following day with the TDS. I printed off a copy of the certificate but I didn't give her a copy.

    So now I'm presuming that the S21 isn't valid as she didn't get a copy and I will now have to wait until Aug this year (at the end of the fixed term)before I can get her to leave.

    Sorry for all the questions. I was taken ill suddenly last year and instead of risking losing my house because I couldn't afford the mortgage I decided to rent it out. I wish I had taken up my sons offer to pay my mortgage for me but hindsight's a wonderful thing............

    Thank you everyone for your help and advice. I really do appreciate it
    Maybe my elderly parents will put up with me instead!!!

    Comment


      #17
      Originally posted by Juliecabs View Post

      So now I'm presuming that the S21 isn't valid as she didn't get a copy and I will now have to wait until Aug this year (at the end of the fixed term)before I can get her to leave.

      The Sec 21 isn't valid, but it's not because you haven't provided the prescribed information. It is because the Sec 21 cannot end within the fixed term.

      You need to issue the prescribed information and T's & C's for the deposit scheme that you used. Post it from a Post Office, and get a free certificate of posting.

      Then issue a Sec 21 as below:

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

      The date for expiry on the above form needs to be 27th August 2013. Post it using the same method you used for the other information anytime before the 25th June 2013(but a day or two after the prescribed information and T's and C's).

      If possible have 3 copies, and send two on different days. Make sure you keep a copy of the Sec 21, and the certificate, as you will need it later.

      If the tenant doesn't play ball, then you will not get your property back until October/November 2013.

      Can you give a link to the deposit scheme that you used?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #18
        Does sound like you may have missed the boat to give notice inline with the break clause, but others here far more experienced with break clause matters than me may be able to confirm this. However, at the moment, your notice is definately invalid if you have not issued the PI. Once you have done so, you can issue an S21 at any time during the fixed term, but cannot take it to the next stage, ie court application, until fixed term ends.

        If you were forced to rent your property out quickly, have you complied with the minefield of other requirements and legal regs surrounding letting?

        Did your mortgage give you consent to let?

        Have you changed your insurance to a suitable landlord policy?

        Are you declaring the rental income for tax?

        Is there gas supply in the property - have you got a Gas Safety Certificate?

        There is a good thread here for new/inexperienced landlords which covers all the things you need to comply with, so may be worth checking you are up to date with everything:

        http://forums.moneysavingexpert.com/...2&postcount=12

        If your tenant is likely to be difficult, you must ensure you are "squeaky clean" on all your landlord obligations, as if there is a chance the tenant wants to play dirty, they may drop you in it over something you have forgotten (PI is a prime example) or are blissfully unaware of ... Get up to speed now!

        Comment


          #19
          Originally posted by LesleyAnne View Post
          Does sound like you may have missed the boat to give notice inline with the break clause, but others here far more experienced with break clause matters than me may be able to confirm this.
          What break clause?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #20
            Originally posted by thesaint View Post
            What break clause?

            Read Post 12!

            Having read the wording again, it does look as if the break clause is the "any time after" variety, rather than an "at 6 months" clause, so OP could still use it to end the tenancy early, once the PI ommission has been sorted.

            Comment


              #21
              Originally posted by LesleyAnne View Post
              Read Post 12!
              I would have read it without your usage of an exclamation mark, thanks.

              Having read it, I think it is poorly worded, and unfair.
              If the OP wants to gamble(£175.00), then it would be worth sorting out the prescribed information, and T's and C's, and serving a Sec 21(linked above) with an expiry date of 27th April 2013.

              The deposit protection info would need to be served by hand(preferably with a witness)today, and the Sec 21 served by hand (preferably with a witness)tomorrow.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #22
                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.
                *******

                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.


                ********

                Under the terms of the break clause, you cannot give notice until after 28th December 2012, i.e. from 29th December 2012 onwards. It sounds like you served the notice too early.

                If so, the notice was defective in terms of exercising the break clause (in which case fixed term expiry remains as 27th August 2013).

                It is also defective as a s.21 notice, because you had not given the prescribed information to the T at the time of service.

                Comment


                  #23
                  Originally posted by thesaint View Post
                  Having read it, I think it is poorly worded, and unfair.
                  Seems pretty straightforward to me. Which part of it do you think is ambiguous?

                  It is only unfair if there is no equivalent right for the T to break in a separate clause.

                  Comment


                    #24
                    If you were forced to rent your property out quickly, have you complied with the minefield of other requirements and legal regs surrounding letting?

                    Did your mortgage give you consent to let?
                    Yes, I have a buy to let mortgage.

                    Have you changed your insurance to a suitable landlord policy?
                    Yes

                    Are you declaring the rental income for tax?
                    Yes

                    Is there gas supply in the property - have you got a Gas Safety Certificate?
                    Yes and all electrical appliances were PAT tested and stickered to prove it.

                    Thank you.

                    Comment


                      #25
                      Originally posted by westminster View Post
                      Seems pretty straightforward to me. Which part of it do you think is ambiguous?

                      It is only unfair if there is no equivalent right for the T to break in a separate clause.
                      The usage of the worded "terminated" is one that I would not use in a break clause personally. The landlord can not "terminate" an AST in this way.

                      I believe it is unfair for the exact reason you stated, unless the landlord has separated how the landlord invokes the break clause from the tenants, but has only quoted the part for the landlord.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #26
                        Originally posted by westminster View Post
                        Under the terms of the break clause, you cannot give notice until after 28th December 2012, i.e. from 29th December 2012 onwards. It sounds like you served the notice too early.
                        The usual interpretation issue: Does the date refer to termination or service of notice?

                        Originally posted by thesaint View Post
                        The usage of the worded "terminated" is one that I would not use in a break clause personally. The landlord can not "terminate" an AST in this way
                        Yes he can. That's the purpose of a break clause: to end the tenancy.
                        But of course as soon as the fixed term tenancy ends it is replaced by a SPT should the tenant still be there.

                        Comment


                          #27
                          Originally posted by thesaint View Post
                          I would have read it without your usage of an exclamation mark, thanks.
                          Love to dish out the terse comments yourself, but obviously have a problem taking them

                          Comment


                            #28
                            Originally posted by Juliecabs View Post
                            If you were forced to rent your property out quickly, have you complied with the minefield of other requirements and legal regs surrounding letting?

                            Yes, I have a buy to let mortgage.

                            Yes

                            Yes

                            Yes and all electrical appliances were PAT tested and stickered to prove it.

                            Thank you.
                            Good to know you are up to speed with everything. So common to find landlords who either don't know or don't bother. Well done for getting it right from the start.

                            Comment


                              #29
                              Originally posted by jjlandlord View Post
                              Yes he can. That's the purpose of a break clause: to end the tenancy.
                              Sorry, I wasn't aware that invoking a break clause ended a tenancy.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment


                                #30
                                Originally posted by thesaint View Post
                                The usage of the worded "terminated" is one that I would not use in a break clause personally. The landlord can not "terminate" an AST in this way.
                                A break clause has the effect of ending/terminating the fixed term tenancy. If the T fails to vacate, then a SPT arises, replacing the fixed term tenancy.

                                I believe it is unfair for the exact reason you stated, unless the landlord has separated how the landlord invokes the break clause from the tenants, but has only quoted the part for the landlord.
                                It is not uncommon for a break clause to be in two parts. It may be, for example, that the T may give one month's notice instead of the LL's two months; in which case, it's clearer if it's drafted in two parts.

                                Comment

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