Possession Notice -Periodic Tenancy

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  • Possession Notice -Periodic Tenancy

    I wish to serve notice on a tenant whose AST began on 3rd of June
    BUT whose last day at end of 6 months was 6th December (As stated on
    tenancy agreement to coincide with a saturday), therafter continuing on a month by month basis. If the 2 month Notice is to expire on the last day of a rent period should I choose 2nd or the 5th ?

  • #2
    Originally posted by donnanook View Post
    I wish to serve notice on a tenant whose AST began on 3rd of June
    BUT whose last day at end of 6 months was 6th December (As stated on
    tenancy agreement to coincide with a saturday), therafter continuing on a month by month basis. If the 2 month Notice is to expire on the last day of a rent period should I choose 2nd or the 5th ?
    If serving during fixed term, ignore rent periods- they are relevant only if serving after fixed term expiry.
    If fixed term began on 3 June 2007 and expires on 6 December 2007, any s.21 Notice served on or before 6 October can require vacant possession after 6 December.
    Anyway, 6 December 2007 is a THURSDAY so please explain!
    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).

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    • #3
      Fixed period was for 2006 (6th December was a Wednesday (not saterday as stated)

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      • #4
        Originally posted by donnanook View Post
        Fixed period was for 2006 (6th December was a Wednesday (not saterday as stated)

        1. Ah-the fixed term has already expired. You didn't say that previously!
        2. Even if rent is paid on 3rd day of each month [as original term?], each month commences on 7th day [ie following term expiry date]. See s.5(3)(d) of Act for basis of periodic tenancy; see s.6(2) for how L can alter its basis.
        3. A Notice under s.21(4)(b) served today - 4 June - would have to run at least two months [= 4 August] and then to end of a tenancy month [=6 August].
        4. It would require vacant possession thereafter [ ==7 August or later].
        5. The last rent would fall due on 3 August for the final four days [3/4/5/6 August].
        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).

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        • #5
          thanks Jeffrey,that has confirmed what i guessed

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          • #6
            Originally posted by donnanook View Post
            thanks Jeffrey,that has confirmed what i guessed
            And it was 3 June 2006 that fell on a Saturday.
            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


            • #7
              During eviction

              During the eviction process i:e after the two month Notice of possession has expired, if a landlord continues to accept rent from the tenant, is the landlord prejudicing themselves in any way? Does accepting rent during an application to the court for possession mean that the landlord is accepting the tenancy, should the landlord not collect any more rents?

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              • #8
                The importance to landlords and their agents is that once the landlord has elected to forfeit the lease and start proceedings for possession, usually by the service of a Notice to Quit, any further receipt of rent (as opposed to damages for unlawful occupation) may result in the inference that a new tenancy has been created.

                It is therefore vital that any such payments be accepted as mesne profits (damages for unlawful occupation) so that no presumption of a new tenancy being created can arise.

                hope this clarifies things.

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                • #9
                  Poppy

                  Thanks for your reply, in this event how would one word a receipt for these monies? And is it ok to accept the same figure as one would have collected as though the 'tenant' was paying rent as normal?

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                  • #10
                    yes, just give them a receipt stating £xxx received as mesne profits for xxx x property from XXXXX, should be sufficient -give them a copy and keep one for your files.

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                    • #11
                      Thanks

                      Thanks for the avice Poppy!

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                      • #12
                        Originally posted by Poppy35 View Post
                        The importance to landlords and their agents is that once the landlord has elected to forfeit the lease and start proceedings for possession, usually by the service of a Notice to Quit, any further receipt of rent (as opposed to damages for unlawful occupation) may result in the inference that a new tenancy has been created.

                        It is therefore vital that any such payments be accepted as mesne profits (damages for unlawful occupation) so that no presumption of a new tenancy being created can arise.

                        hope this clarifies things.

                        I just had a look about Mesne Profits and came up with this thread which shares several schools of thought on this issue.

                        http://www.landlordzone.co.uk/forums...=mesne+profits
                        All posts in good faith, but do not rely on them

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