Serving notice-help with dates

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

    Serving notice-help with dates

    We have decided to serve our tenant with notice as frankly we have had enough of being landlords and just want to sell the property. I asked in a previous posting what grounds I could use and someone kindly gave me the answer that as I want the property back (to sell), I don't need to cite any particular grounds, just serve a section 21.

    We need then to serve a Section 21 but I am anxious to get the dates correct. The tenancy commenced on the 2nd of November 2005, with the rent payable on the 2nd of every month thereafter for the period of six months (the AST). At the end of the six months, the tenancy then became a periodic tenancy. What date should I put as the final date to quit?

    Sorry for being stupid but this area always seems a bit woolly in my head!

    #2
    1. Fixed term expired on 1 May 2006.
    2. Every successive period of tenancy begins on 2nd day of each month.
    3. So a s.21 Notice served between now and 1 June has to give two clear months AND to end at a tenancy month end- ie Notice would show 1 August as date on (or before) which T has to go. You could then start possession proceedings next day: 2 August.
    Last edited by jeffrey; 07-05-2007, 19:50 PM.
    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
      Also after the expiry date put "or the last day of a period of the tenancy next occurring" to cover yourself

      Comment


        #4
        Many thanks for the advice, We are going to serve her with the Section 21 on Tuesday, though she doesn't know it yet.

        Jeffrey, thanks for the date info. It makes sense to me now so will follow the 2 months plus as you advised.

        settloe-99, I will put the statement as you advised though I have to admit I don't fully understand what it means? Can you clarify please? Thank you.

        One more question-We want get rid of the property asap. We want to avoid the HIPS farce but also the sooner the property is marketed, the quicker we can get shot of it. We want to sign with an agent before the end of the month (to avoid HIPS) and one agent has provisionally agreed. I presume the tenant cannot refuse the agent viewings? I realise we cannot sign for 'vacant possession' at the moment but we can sign for everything else surely? Any advice would be most welcome.

        Comment


          #5
          If you advertise "for sale" a tenanted property, the dreaded HIPS stuff will NOT apply.
          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

          Latest Activity

          Collapse

          • Reply to Previous tenant paid last gas bill based on wrong estimated reading by gas company
            by jpucng62
            I think the company has an obligation to get an actual meter reading at least every 2 years - during covid they accepted photos in place of sending in a meter reader - you could try getting them to accept at least some of the blame.
            20-01-2022, 15:25 PM
          • Reply to Tenant would like loft conversion - dilemma
            by Hudson01
            To agree with the above comments, i would not do it. If your tenant came along with a whole load of other builders quoting for the same job then what are the chances you would pick him as being the very best bet ? Just because his is your tenant does not make him the ideal choice..... if anything it...
            20-01-2022, 15:24 PM
          • Reply to Greetings, I Come in Peace
            by jpucng62
            Also consider the date of the EPC - the assessment has change a lot since they came in 10 years ago and and old assessment may be out by quite a lot of points or may have had work done that is not reflected in the EPC.

            I had a house lose 10 points in 10 years without anything else chan...
            20-01-2022, 15:22 PM
          • Reply to Greetings, I Come in Peace
            by jpucng62
            Some upgrades are easy - LED light bulbs, loft insulation; others much more tricky - floor insulation; party wall insulation; some are just very expensive - external wall insulation.

            The EPC assessment is not fit for purpose so it is really tricky to know what to do. What I wouldn't do...
            20-01-2022, 15:20 PM
          • Section 21 superseded new Section 21 - Landlord Vs Tenant 1 Vs Tenant 2
            by propster717
            Hi all,

            I would be grateful for any advice:

            I'm a landlord as follows:

            AST - commenced 12/04/2021
            6 month fixed term, now contractual periodic (has not been renewed).
            Tenant 1
            Tenant 2
            (No children)
            Guarantor (relation of Tenant 1)...
            20-01-2022, 15:12 PM
          • Reply to Ending of a tenancy
            by Jon66
            I don't want to rain on everyone's parade, but I do not wait for tenants to move out before marketing the property, and I sign the new tenancy agreement providing the current tenant has not attempted to rescind the notice/everything seems to point to them leaving, when they said they would. A 6 week...
            20-01-2022, 15:07 PM
          • Reply to Greetings, I Come in Peace
            by jpucng62
            The last 20 years may have been the 'golden years' for BTL. There is more regulation & higher taxation on BTLs; mortgage costs are going up; tenants are getting more rights & EPC C is coming.

            The stock market is the place to go instead - £20k per year in an ISA means all tax is...
            20-01-2022, 15:07 PM
          • Reply to N244 Application Notice Q10 Evidence
            by rapid111111
            Thanks for the reply. This is a different case.
            The defendants are asking to set aside. Any paperwork sent to me has come from the courts only and not them.

            I've provided the defendants and the court with paperwork in preparation for the hearing to set aside....
            20-01-2022, 15:03 PM
          • Reply to Greetings, I Come in Peace
            by davetg
            I still can't think of a better thing to invest in even given all the new regulations. The lessons i have learnt are:-
            1) Never let to people on benefits.
            2) Don't over leverage your borrowing.
            3) Have access to spare funds for unexpected things like a new boiler being required or...
            20-01-2022, 15:00 PM
          • Reply to Possession hearing
            by davetg
            The two I have done were quite informal - the tenants didn't show up so I had to wait quite a while as they give every opportunity for them to arrive late.

            I was shown into a room with the judge sitting at a big table and offered a seat on the other side of the table. The judge looked at...
            20-01-2022, 14:49 PM
          Working...
          X