Please help my mother in law!

[mhenry357]

It's expressed as start date and end date, the one's that you wrote... I'll type out the paragraph:

".... (as more particularly set out in the Inventory annexed hereto and signed by both parties) for a term of <blank> months [weeks] ('The Term')
From 28th June 2013 to 28th December 2013 at the rent of £---- per calendar month [week] and on..... "

That's typed out exactly,where I have written <blank> there is a space for I guess a term (ie. 6 months) but this has not been filled in.

It then goes on to say "The Tenant agrees to pay the Rent in advance by Bank Transfer in the following installments .... and thereafter the sum of £---- per calendar month [week] commencing on the 28th day of January, 2014.

So those are the exact details. Then here is the wording of the section 21a notice given:

To: <Name of Tenant> of <Address of Property>

From: <Name of MIL> of <My own address since she's been living here>

I give you notice that I require possession of the dwelling house known as:
<Address of Property>
AFTER
27th March 2014

Signed: <MIL> Date: 25th January 2014

[mhenry357]

As I've written that, I've just realised that there is no rent specified for the period 28th of December to 28th of January....

IE. The tenant paid 6 months in advance to take her from 28th of June to 28th of December, but then starts paying rent on the 28th of January, which means she is now paying in arrears instead of in advance...

Will that make some difference as well? Not sure sure how I didn't notice that before... Have just rang MIL and clarified that tenant did NOT pay any rent on 28th of December.

To be honest, this agreement doesn't seem worth the paper it is written on for all the errors on it. Is there a way to get the whole damn thing voided and start over?

[mhenry357]

Any idea's? (Shameless topic bump)

[mariner]

The completed AST is not a dog's dinner, more like a drunk's vomit.
Whatever MiL intended is irelevent, only what was actually written and agreed has any bearing.
The fixed term ended 28 Dec and SPT commenced 29th Dec, so s21 is invalid.
A good lawyer could suggest the 6 months upfront was for fixed term rent due pcm, then either to SPT tenancy period is 6 month + 1 day or 5 months rent should have beeen treated as a deposit.

But the forthcoming Court case is not about your s21 repo application but about Ts case for non-protection of deposit. The Lolcalism Act gives the Jujdge discretiion over level
od award based on LLs culapbility. With a sympathetic Judge MiL may only have to pay T 2x deposit amount
The reduction in rent for loss of garage should not come into play.

Serve new valid s21 on T from scratch stating expiry date as "after 28th" of rel month and apply for cost of hearing (£175) against T

[mhenry357]

So the period is to the 29th even though the rent is due on the 28th?