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View Full Version : Periodic Contract Vs AST and Sec 21



WarwickGrad
31-03-2009, 20:16 PM
Hi all,

I need some guidance on how to proceed with getting a tenant out via Section 21.

The T has a three year AST (end of Nov) which was given to him by an Agent; on the contract it has my company name but i didnt sign it, the agent did...

The T has been paying me directly for the last few months (at a lower rate than on the contract) and he is on HB.

I dont want to use Sec 8 as that will affect hes future ability to get HB and will involve giving evidence to the court while of course spoiling the good relations that we currently have..

I was thinking... Can i issue him with a new contract (with a clause that states that any previous contract in null and void) and then issue with him with Sec 21?

That way hell get notice and the hes future HB wont be affected..

Also should i go with a 6 month AST or a month on month periodic contract?

Thanks in advance!

jeffrey
31-03-2009, 20:19 PM
Who owns the property: you or your company?

WarwickGrad
31-03-2009, 20:42 PM
The compnay...

My brother and i are the directors....

jeffrey
01-04-2009, 09:50 AM
OK. So there's nothing to stop your Company (as L) offering a new AST, fixed-term or periodic. The old one will be deemed surrendered/merged into the new one. Once the new one has begun, L could serve a s.21(1)(b) Notice on T.