Notice to quit - can a tenant block it?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Notice to quit - can a tenant block it?

    Hi,

    Very new to all this but i'm likely to serve a S21 on a tenant now on a periodic contract after AST expired... was all set up by an elderly relative but we have now inherited the flat and the problem tenant

    My question is he is likely to try and stay even though served with a S21, he's a DSS can't work / won't work type - can he use that as a defence? He has a 9 yr old dependant living with him but not on the original AST - again can he use that as a defence?

    Any help would be appreciated.

  • #2
    Originally posted by DRW View Post
    Hi,

    Very new to all this but i'm likely to serve a S21 on a tenant now on a periodic contract after AST expired... was all set up by an elderly relative but we have now inherited the flat and the problem tenant

    My question is he is likely to try and stay even though served with a S21, he's a DSS can't work / won't work type - can he use that as a defence? He has a 9 yr old dependant living with him but not on the original AST - again can he use that as a defence?

    Any help would be appreciated.
    No. A section 21 Notice is not based on T's conduct. The Court must make a Possession Order unless the Notice is defective in some significant way. The section reads, "...a court shall [ie has no option; it must] make an order for possession if it is satisfied that the [fixed term] AST has come to an end..."
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Previous posters have always urged the landlord to complete and serve the S21 properly as if they are not, the court can reject them - in other words, they fail to gain repossesion because the form was poorly filled in,etc.

      Comment

      Latest Activity

      Collapse

      • Help re flatsharing legal position!
        CatherineCarr
        Hello, I moved into a friend's flat when she moved out of London last year. It was agreed that I would pay market rate, would not need to pay a deposit, be able to bring various items into the flat, work from home, have a certain amount of storage etc.etc. I was also to share with my friend's then...
        24-07-2017, 13:18 PM
      • Reply to Help re flatsharing legal position!
        jpkeates
        I'd find somewhere else and move out.
        Let your friend deal with the problem.

        If your flatmate threatens you or to destroy your goods, report them to the police (call into the station and put it on record - you might get lucky).
        If they actually do any damage, call the police...
        24-07-2017, 14:42 PM
      • Non- protected deposit, and disputes
        Stybdmy
        Q1 – Where is the rented property located? England

        Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

        Q3 – What date did current TA start 01/11/2016

        Q4 – How long was initial fixed term 6 months
        ...
        24-07-2017, 12:25 PM
      • Reply to Non- protected deposit, and disputes
        jpkeates
        If you served a s21 notice, it isn't valid because the deposit wasn't protected.
        You need to "return" the deposit in full to the tenant (or agree to use it in lieu of rent, or agree the damage) before you can serve notice under s21.

        Your tentants can sue you for a penalty...
        24-07-2017, 14:37 PM
      • Reply to Help re flatsharing legal position!
        CatherineCarr
        Many thanks. It is only a verbal agreement (like so many flatsharing agreements are) with two months notice either way and that I would be given certain storage (some of which the Hungarian has nabbed), that I would be able to work from home, get a cleaner and bring items into the flat ie television...
        24-07-2017, 13:56 PM
      • Reply to Help re flatsharing legal position!
        MrShed
        The only thing that matters is your contract. What contract do YOU have (not what Emma has signed with someone else)?
        24-07-2017, 13:43 PM
      • Reply to Non- protected deposit, and disputes
        MrShed
        Unfortunately (I know its not going to be what you want to hear), I suggest you will have to chalk this one up to experience. Without an inventory you are up the proverbial without a paddle I'm afraid. In the grand scheme of things the damage you have described is very slight (bar perhaps the carpet)...
        24-07-2017, 13:04 PM
      • Landlord: When will I get a bailiff date?
        mlsmith
        I'm so sorry if this has been asked before, but for some reason I am unable to search the forum as it's not bringing up any results.

        I know the eviction date will vary depending how busy the local courts are. My local court has indicated 6-8 weeks.

        My solicitor submitted a...
        24-07-2017, 12:04 PM
      • Tenant's energy debt.
        Gordonmrln
        I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
        20-07-2017, 22:08 PM
      • Reply to Tenant's energy debt.
        jpkeates
        The deemed contract is with the owner or occupier and commences when gas is supplied.

        There's no obvious hierarchy of owner/occupier and, while there are references elsewhere to the owner being liable for things when the property is unoccupied, that isn't reflected in the deemed contract...
        24-07-2017, 11:47 AM
      Working...
      X