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[KTC]

If you are the landlord and want better control over notice period, then you'll need to offer tenancy that runs onto contractual periodic instead of simply a fixed term.

If the tenancy is of a simple fixed term, then you cannot prevent the tenant from leaving at the end of the fixed term....

[KTC]

You're both kinda right and wrong.

The landlord (probably through the HCEO firm) must seek permission from the County Court to transfer the case to the High Court for enforcement purposes pursuant to section 42(2) of the County Courts Act 1984. Following CC's permission, permission must...

[KTC]

Activating a break clause ends the tenancy. A landlord ending a fixed term tenancy early is deemed to have granted a SPT to the tenant if the tenant stays on thanks to the Housing Act 1988. A tenant ending the fixed term tenancy early will not give rise to a SPT.

[KTC]

Useless break clause.

The terms of the clause mean you can only invoke it after 4 months has elapsed. If it's a 6 months fixed term, then the tenancy will end at the end of the 6 months anyway, so you'll be giving notice to end a tenancy that will end during the notice period.......

[KTC]

The T is responsible for CT for the entire time of the tenancy if the interest is 6 months or more, so a definite term of 6 months rolling over into contractual periodic qualifies. There's also nothing (I think) stopping you from making it a contractual liability for the tenant for the entire length...

[KTC]

It's the information that is prescribed, not the form it comes in.

Not all pages in the pile of documents a tenant sign or get given constitute part of the tenancy agreement. They often contain other things such as once upon a time preemptive s21 notice and nowadays the EPC, GSC, etc....

[KTC]

I wouldn't be suprised if your agent is trying it on with you. It wouldn't be the first time an agent say the notice can be rescinded because if the existing tenant stays and carrying on paying rent, they continue to get commission on the rent paid with minimum to no work done.

Unless the...

[KTC]

There's nothing stopping you from issuing section 8 notices now, ground 8, 10, and 11.

Accelerated possession with the s21, and then small claims for arrears & damages after deposit deductions... if you think you actually may get something off her or you are prepared to do it just so...

[KTC]

If the agent dealt with the deposit etc. on behalf of the landlord, yes you can sue the agent. However.....

For MyDeposits (insurance scheme), the PI requirement is almost completed by serving the "Deposit Protection Certificate" and their "Information to Tenants' leaflet"....

[KTC]

That appears to be a standard fixed term of 6 months only from 21 March to 20 September as it does not say anything about it continuining on a month/period by month/period basis after that.

2.5.1 if enforcable would require you to give 2 months notices ending on any date while the fixed...

[KTC]

Interpretation Act wrt service by post does not apply unless the tenancy agreement states that's the service rule that apply. The service rule is what the tenancy agreement say it is, whether that is something explicitly stated within the agreement or by reference to Law of Property Act 1925 s196, Interpretation...

[KTC]

Err what?

Previous answer had been given on the assumption that the tenancy was for a fixed term which had ended, giving rise to a statutory periodic tenancy which the tenant is trying to end. Are you now saying that the tenancy was renewed and it's still within whatever new fixed term...

[KTC]

The 1st period of the SPT start when the fixed term ends. The fixed term ended on a 8th. The period in the SPT must then begin on the 9th, not 21st.

[KTC]

You have 3 seperate threads related to s21 and deposit protection. If they're all about the same tenancy, then keep to to one thread.

As the deposit was protected late, the existing s21 you served is invalid inregardless of service time. If you're still in the fixed term, then as jpkeates...

[KTC]

That's why you say no [to different payment date to period]....

The notice period for a tenant notice to quit is of at least one complete period of the tenancy (where period is less than yearly), ending on the last day or the first day of a period of tenancy.

The length of...

[KTC]

It wouldn't be sent to a debt collection agency (yet). You'll receive letters of demands with additional charges to it - "authority summons cost", "authority lo cost", etc. etc.

Pay (including the extra 2 days), then kick up a fuss if that's what you want to do. Don't...

[KTC]

Well.... yes.

However, if we're talking about a tenancy that's fixed term, then late protection with a scheme that accepts it (and PI served correctly) will fixed it for any SPT that arise or tenancy renewal afterwards. Doesn't prevent the penalty though of course.

[KTC]

Huh?

The sons is listed as owners with Land Registry, but the mum held a beneficial interest over the property?...

[KTC]

The point is that the OP knows that they were paid by mistake because a SO was not cancelled. As such, if the payer complain to their bank on that basis, then the OP's bank will ask OP for authority to "reverse" the transaction. If OP says no, it would then be up to the payer to sue OP....

[KTC]

http://www.financial-ombudsman.org.u...t-payments.htm