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View Full Version : Should you continue to take rent once a notice to quit date has passed?



Kessie
14-03-2010, 20:35 PM
Hi, hope someone can advise?

I have served a section 21 notice to a tenant this week. An absolute nightmare tenant without boring you with detail.

Notice to quit runs out on 13 May. Two questions I have, which relate to if she refuses to go on 13 May.

In February I was so sick of chasing her up for housing benefit, we managed to agree with housing it would go straight into my account. I will receive payments on 21/03/10 and 18/04/10, then the next payment would be due on the 16/05/10. If she refuses to move out on the 13 May, should I ring housing benefit and ask them to stop the benefit, because I am worried that if I take that payment, I'm entering a contract with her?

For the past ten months, her boyfriend has lived at the property for at least 90% of the time, but is not on the tenancy agreement. Does he come into the equation at all?

I am very hopeful she'll go quietly on the 13 May, however this girl is a bit of a loose cannon so I'm just trying to plan for the worst.

Lawcruncher
14-03-2010, 21:00 PM
A s. 21 notice is not a notice to quit and does not bring the tenancy to end. You can continue to collect rent.

Kessie
14-03-2010, 21:11 PM
Thanks. I meant a Notice requiring posession.

Lawcruncher
14-03-2010, 21:51 PM
Thanks. I meant a Notice requiring posession.

Is that not a section 21 notice?

In any event no notice a landlord serves can end an AST.

Snorkerz
14-03-2010, 23:20 PM
Is that not a section 21 notice?

In any event no notice a landlord serves can end an AST.LC, you will have the OP panicing now!

You are not stuck with the tenant forever - you can end the tenancy, but ONLY by getting a judge to issue a possesion order. Providing your s21 was issued correctly, and any protectable deposit was protected before the s21 was issued, you can apply to the court on the 14th. The cost, iirc is £150.

havensRus
14-03-2010, 23:59 PM
In February I was so sick of chasing her up for housing benefit, we managed to agree with housing it would go straight into my account. I will receive payments on 21/03/10 and 18/04/10, then the next payment would be due on the 16/05/10. If she refuses to move out on the 13 May, should I ring housing benefit and ask them to stop the benefit, because I am worried that if I take that payment, I'm entering a contract with her?

For the past ten months, her boyfriend has lived at the property for at least 90% of the time, but is not on the tenancy agreement. Does he come into the equation at all?



As long as she remains in occupation, she is liable for rent. Carry on accepting the HB until the day she actually vacates the property.

If she stays on after the fixed term, i.e. after 13/05/10, that does not invalidate the tenancy. It just continues into a Statutory Period Tenancy, running from month to month, or week to week, depending on the period that you set up initially.

As soon as she vacates, inform the HB office of the date, and they can then stop payment, so there's no issues of overpayment to be clawed back. On no account should you stop benefit payments to you before she leaves ... red tape will mean you will be out of pocket for a while, if it ever gets re-instated.

Kessie
15-03-2010, 21:34 PM
LC, you will have the OP panicing now!

You are not stuck with the tenant forever - you can end the tenancy, but ONLY by getting a judge to issue a possesion order. Providing your s21 was issued correctly, and any protectable deposit was protected before the s21 was issued, you can apply to the court on the 14th. The cost, iirc is £150.

Thanks I have issued a s21. I issued it on March 13, with my sister present who then signed a witness statement. I have put the leaving date (or whatever the correct term is) as May 13. The tenancy started on 8 May '09, so this is correct yes? There was no deposit taken :o



As long as she remains in occupation, she is liable for rent. Carry on accepting the HB until the day she actually vacates the property.

If she stays on after the fixed term, i.e. after 13/05/10, that does not invalidate the tenancy. It just continues into a Statutory Period Tenancy, running from month to month, or week to week, depending on the period that you set up initially.

As soon as she vacates, inform the HB office of the date, and they can then stop payment, so there's no issues of overpayment to be clawed back. On no account should you stop benefit payments to you before she leaves ... red tape will mean you will be out of pocket for a while, if it ever gets re-instated.

Thanks Havensrus, its a relief to know I can keep on getting HB after the 13 May. This is not the full amount of rent, but it covers the mortgage plus a bit more.

Thanks for the advice about court, I did realise it would have to go to court to end the tenancy, if she doesn't leave willingly.

Never again will I rent to someone privately no matter how genuine and normal they seem - its getting managed by an agent from now on!

Snorkerz
16-03-2010, 09:05 AM
Thanks I have issued a s21. I issued it on March 13, with my sister present who then signed a witness statement. I have put the leaving date (or whatever the correct term is) as May 13. The tenancy started on 8 May '09, so this is correct yes? There was no deposit taken :o

If it was a 12 month contract (ie the s21 was served during the fixed term) then it should have been a 21(1)(b) - was it?

Outside of the fixed term, the correct notice is a s21(4)(a) and that must end (in your case) on the 7th of the month for monthly rent.

The s21 just warns that you will be going to court for posession - and you can't do so on the last day of the tenancy (period) because they still have a valid tenancy, so the notmal format is to state that you will require possesion after such-and-such a date. I don't know how critical this is. If you used a pre-prepared form, it probably took that into account.

Kessie
19-03-2010, 08:14 AM
If it was a 12 month contract (ie the s21 was served during the fixed term) then it should have been a 21(1)(b) - was it?

Yes it was.

Thanks for your help, I'll come back in May if they don't move out. Hopefully I won't need to!