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KPotter
29-04-2008, 08:46 AM
Hi

I have a nightmare tenant - who last week was going to give us the rent arrears owed and signed a notice to terminate tenanct agreement (which I now know will not stand up in court). But as of yesterday when my partner called him he threatened, and said we wouldn't be getting a penny and to take him to court as he is going nowhere.

So I guess I now need to serve him his Section 21....(he is not in enough arrears for a Section 8 - although the neighbours would happily testify that he is anti-social?!?!).

Anyway I am confused about dates - as everyone prob is. He moved in on 17th December (this is when shorthold tennancy agreement was signed). He signed the notice to terminate tenancy on 19th April, which will be 2 months notice as there is a 6 month get out clause, which I guess is OK. However, what date do I put on the Section 21 as I know all this has to be correct. Date this notice is served is today's date I know. It's the Date of expiry of this notice, the info on this site is really confusing me. That is the bit I am confused about.

PLEASE HELP!!!! Many many thanks

Colincbayley
29-04-2008, 09:39 AM
We will need to know how long the fixed term of the AST is for, the start date, and full wording of any break clause in order to work this out.

jeffrey
29-04-2008, 09:41 AM
...and what "Notice" was it that he signed on 19 April? If it was a break-clause Notice, T has to comply with exact wording of clause's requirements.

KPotter
29-04-2008, 10:42 AM
Ok thanks guys


The letter I sent him just stated that as of the 19th June (2 months notice as letter was dated 19th April) I will be terminating the contract. He signed it, I signed it and a witness signed it....?

For the shorthold tenancy agreement, this started on 19th December.

TERM: A term certain of 12 months with a 6-month break clause

There is also a part that says:

21. Miscellaneous - The landlord may bring the tenancy to an end at any time (but not a day earlier than six months from the commencement date, of the date of the agreement) by giving the tenant/s not less than two months written notice stating that the landlord requires possession of the property.

What do you think? There are legalhelpers on here that will do the section 21 for me for 30.00. But would like to save myself the dosh.....many thanks xx