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View Full Version : Creating a new assured shorthold tenancy



harvenus
11-03-2009, 21:04 PM
Please could someone check that the following information is correct

Thanks in advance

1. is this a correct AST 6 month period 13/3/09 to 12/9/09 - does it end the day before the initial start day or would it end on 13/9/09 (or is 13/9/09 the date when it would become a statutory periodic tenancy??

2. if the tenancy starts 13/3/09 can I still look to end the tenancy on 12/9/09 even if the rent payment date is 28th of month? ...Is rent payment date relevant or not?

3. If the tenancy starts on 13/3/09 and I collect the first months rent that day - can I serve section 21 notice immediately so that the tenant knows they are required to give up possession on expiry of the 6 month term?

4. If the tenant failed to pay for month 2 and 3 could a section 8 be served on grounds of arrears? can the judge suspend an order for possession on an assured shorthold before the initial fixed term has ended?

Thanks for you help, I hope you can answer my questions

jeffrey
11-03-2009, 21:15 PM
1. Yes. A term expires at the end of the day before the same-numbered day. However, an 'uneven' term is possible.
2. Yes, you can. The rent payment day is irrelevant for this purpose.
3. Yes, as soon as the AST has begun (but not before).
4. Yes, although ground 8 speaks of 'rent unpaid' not 'rent arrears' when dealing with rent payable weekly/fortnightly/monthly. If g8 is proven, as at Notice date and as at hearing date, a Possession Order is mandatory and cannot lawfully be suspended.

harvenus
11-03-2009, 21:25 PM
Thanks ever so much for your reply so quickly!

That's helped me a lot.

If after the s21 had expired and they did not return the keys how do I go about seeking possession - if I attended the local Court would they advise me of which papers I would need to complete?

jeffrey
11-03-2009, 21:29 PM
If after the s21 had expired and they did not return the keys how do I go about seeking possession - if I attended the local Court would they advise me of which papers I would need to complete?
See LZ's many threads on this subject. Try an LZ search against 's.21' or 'section 21' about procedures to follow.