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[KTC]

What do you mean by "already initiated the court possession order"?

Have you or have you not filed a claim for an order of possession in the courts? If so, it's currently stayed for 3 months, and the claim will continue when the stay is lifted. If not, then you have however long...

[KTC]

They're talking about completely different things.

A "replacement tenancy" is a term defined in the legislations for specific purposes so it can be referred to within the legislations when it wants to grant special exemption or enforce a particular rule that wouldn't apply to...

[KTC]

No. It's still six months from service, or 4 months from the date specified if and only if the notice are required to be longer than three months under subsection (4).

[KTC]

https://www.gov.uk/guidance/claim-fo...tention-scheme

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[KTC]

It's not clear whether you're already director of such a company or thinking of setting up one.

[KTC]

No, the only changes to s21 are to change the three occurrence of "two months" to read "three months". No amendment to subsection (4D).

[KTC]

Agreeing a new tenancy is not the same thing as accepting rent on an existing tenancy or a statutory periodic tenancy arising at the end of a fixed term tenancy.



It's still six months. Coronavirus Act haven't change that....

[KTC]

Your claim is against the builder. You have no relationship with his insurer. It's up to him to make a claim against his own insurance.

[KTC]

Break notice aside, a tenant cannot give a valid notice to quit during a fixed term tenancy....

[KTC]

Have you signed a tenancy agreement yet?

[KTC]

A periodic tenancy will only arise if the tenant stays beyond the end of the fixed term. Without a time machine, you don't know if that'll happen yet.

A s21 notice does not end a tenancy, it merely allows the landlord to go to court for an order for possession. The tenancy will end earlier...

[KTC]

I wasn't suggesting frustration. My first paragraph was actually saying the opposite, that they could move in. The second paragraph is saying that as they haven't taken possession yet, a tenancy doesn't yet exist (assuming tenancy not by deed). The contract and hence the liability to pay what would...

[KTC]

Unfortunatley from your point of view, the lockdown doesn't actually disallow moving houses. It is government advice that you should avoid moving, but it is allowed as one of the reason to go outside. So the contract is fulfil-able even if problematic to do so in practice.

A landlord doesn't...

[KTC]

Section 21 notices only have a six months life including the notice period itself (generally speaking). If it's been longer than that since you gave the notice, it's not valid anymore in any event.

People are recommended against moving houses at this time, it's not legally prohibited....

[KTC]

Err, it is very clear. A copy need to be provided each tenancy, except if the new tenancy is a replacement tenancy and the How to Rent document that was previously given is still the same version in effect on the first day of the new tenancy....

[KTC]

As far as s21 are concerned, EPC being required only started in 2015. If there's been no new tenancy since Oct 2015, then it's not an issue... hence my question....

[KTC]

If they do that, they would basically be waiving any potential deductions from damges since they wouldn't be able to show that any damages was from you and not other people after you leave.

Realistically though, no one is doing any viewing at the moment. And no sensible landlords are going...

[KTC]

The risk is primarily with the LL. The longer it is between you moving out and time of inspection, the less likely any deposit dispute at arbitration will go in LL's favour for precisely the reasons you mentioned....

[KTC]

Take lots of photos of the condition of the flat as you left it in case of any dispute later on.

Both sides need to be reasonable. Landlord wanting to social distance, and tenant's desire to have their deposit returned ASAP. Giving the LL 2 or 3 days to do an inspection would be reasonable....

[KTC]

Why do you think you need a valid EPC for eviction?

Where is this property (England, Wales, Scotland, Northern Ireland)? When was the last time you agreed a new fixed term, renewal, or extension? What was the term of that? What type of tenancy is it?