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

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  • westminster
    replied
    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/

    Leave a comment:


  • Juliecabs
    replied
    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?

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • thesaint
    replied
    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.

    Leave a comment:


  • Juliecabs
    replied
    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.

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • Juliecabs
    replied
    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

    Leave a comment:


  • westminster
    replied
    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/

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • thesaint
    replied
    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?

    Leave a comment:


  • Juliecabs
    replied
    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.

    Leave a comment:


  • westminster
    replied
    "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.

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • thesaint
    replied
    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.

    Leave a comment:

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