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

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    #31
    "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".


    Originally posted by jjlandlord View Post
    The usual interpretation issue: Does the date refer to termination or service of notice?
    To me it seems clear that the LL cannot give the notice till after 28th Dec, but in fact, on a third reading, it seems to be saying that the agreement terminates by the giving of the notice, as opposed to specifying that it terminates at the end of the two months.

    I think the contra proferentem rule would mean it would be interpreted in the T's favour - a court would either say that the break clause is unenforceable, or that the earliest date that the LL could end the fixed term would be two months (exactly, no more and no less) as of 29th December 2012.

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      #32
      Ok, so it seems that I dated the S21 wrongly ie a day early. Although I did deliver it to her on the 28th Dec. My fault!

      So,if I agree to her request that she stays on for another month, what do I need to do about the contract? I need to take her ex partner off anyway as he has moved out, wants nothing to do with her and is not paying towards the rent.

      Comment


        #33
        Do not do anything with the tenancy, do not say that you will "take the partner off" it. You cannot do so.
        Has he given notice to end the tenancy?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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          #34
          Originally posted by Juliecabs View Post
          Ok, so it seems that I dated the S21 wrongly ie a day early. Although I did deliver it to her on the 28th Dec. My fault!
          You don't need to put a date of issue on a s.21 notice. All that matters is the date of service and obtaining evidence of the date of service.

          So,if I agree to her request that she stays on for another month, what do I need to do about the contract?
          Precisely nothing.

          And you cannot refuse to let her stay on another month. The only way that you can unilaterally end the tenancy and evict her is by obtaining a court order for possession. Even if the break clause is enforceable, you're looking at around four months as from the date of serving a [new, valid] s.21 notice.

          I need to take her ex partner off anyway as he has moved out, wants nothing to do with her and is not paying towards the rent.
          No, you do not 'need' to remove a joint tenant from a tenancy contract. Regardless of having moved out, if he is a joint tenant then he remains jointly and individually liable for the rent for the duration of the tenancy.

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            #35
            N.B. if there are two joint tenants, then any notice must be jointly addressed to both of them (on a single notice). If your notice only mentioned the female JT's name, then it was invalid on a third count.

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              #36
              May I suggest that you contact this company and get them to serve the s.21 notice on your behalf. It's run by an experienced member of the forum.

              http://www.tenancyservices.co.uk/

              Comment


                #37
                Originally posted by thesaint View Post
                Do not do anything with the tenancy, do not say that you will "take the partner off" it. You cannot do so.
                Has he given notice to end the tenancy?
                He only phoned me and told me to take him off. I informed him that I couldn't do this as it was a joint tenancy and his name is on the contract. But he is refusing to have any more to do with it. She is paying the rent with a lot of help from the council!

                Quote: N.B. if there are two joint tenants, then any notice must be jointly addressed to both of them (on a single notice). If your notice only mentioned the female JT's name, then it was invalid on a third count.

                The notice was served and addressed to both of them.

                Quote: May I suggest that you contact this company and get them to serve the s.21 notice on your behalf. It's run by an experienced member of the forum.

                http://www.tenancyservices.co.uk/

                Thank you for this link. I will certainly look into it

                Comment


                  #38
                  Originally posted by thesaint View Post
                  Has he given notice to end the tenancy?
                  In order to exercise the break clause (if there is a clause allowing the T to break) both joint tenants would have to jointly serve notice.

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                    #39
                    Originally posted by westminster View Post
                    In order to exercise the break clause (if there is a clause allowing the T to break) both joint tenants would have to jointly serve notice.
                    I thought that was the case and told him so. Shame she doesn't want to go too

                    thank you.

                    Comment


                      #40
                      Originally posted by westminster View Post
                      In order to exercise the break clause (if there is a clause allowing the T to break) both joint tenants would have to jointly serve notice.
                      I understand. I was trying to ascertain what the partner had done in regards to the tenancy, and what the OP had said in response.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #41
                        Originally posted by Juliecabs View Post
                        I need to take her ex partner off anyway as he has moved out, wants nothing to do with her and is not paying towards the rent.
                        Originally posted by Juliecabs View Post
                        He only phoned me and told me to take him off. I informed him that I couldn't do this as it was a joint tenancy and his name is on the contract. But he is refusing to have any more to do with it. She is paying the rent with a lot of help from the council!
                        So, you already seem to know that you don't need to remove the male joint tenant - so, why are you suggesting that you 'need to take her ex partner off anyway'??

                        He may be refusing to have anything more to do with it, but the fact is he remains jointly and individually liable for all of the rent whilst the tenancy remains in place.

                        Comment


                          #42
                          An update to this tenancy problem.............

                          I have the forms in place to take to court tomorrow to start my claim for possession of my house.
                          Then today I received a text from my tenant to say that she cannot afford to pay me any more rent as she is trying to save up for somewhere else to live. She has told me to take the next 6 weeks rent out of the deposit!!! Whether that means she will move out in 6 weeks remains to be seen but I'm almost certain that it won't happen as she has fed me so many lies already!
                          (She is on housing benefit but refuses to move into council housing. But she says that she is having trouble finding anywhere that takes on someone on benefits).
                          Her ex-partner who is also on the agreement who moved out a month after they moved in won't have anything to do with this.
                          So can anyone tell me where I go from here please?

                          Comment


                            #43
                            Originally posted by Juliecabs View Post
                            An update to this tenancy problem.............

                            I have the forms in place to take to court tomorrow to start my claim for possession of my house.
                            On the basis of your invalid notice? (did I miss something?)

                            You want to evict the T, so concentrate on that, and following correct procedure. The ditherings of the T and what she has has or hasn't said is utterly irrelevant.

                            As I said before

                            Originally posted by westminster View Post
                            May I suggest that you contact this company and get them to serve the s.21 notice on your behalf. It's run by an experienced member of the forum.

                            http://www.tenancyservices.co.uk/

                            Comment

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