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sammi
01-04-2010, 16:46 PM
served section 21 notice on tenant in august 2009, to expire end of Oct 2009. did not take action to recover possession and did not confirm that I was or wasn't going to do so.

decided time to ask tenant to leave now.

To be nice, sent a letter asking tenant to leave in 4 weeks so he had time to find accomodation.

he said I need to give 2 months notice.

Is this correct? Can I just issue court proceedings now as I don't think he will leave.

Help please.

sammi

westminster
01-04-2010, 16:49 PM
served section 21 notice on tenant in august 2009, to expire end of Oct 2009. did not take action to recover possession and did not confirm that I was or wasn't going to do so.

Questions:

1. What date does/did the fixed term expire?
2. Assuming this is an assured shorthold tenancy, did the tenancy begin or has it been renewed after 6th April 2007, and did you take a deposit and protect it?

mind the gap
01-04-2010, 16:49 PM
Please tell us:

when the fixed term of your T's AST began (and ended?)
on which date in August you served him the s21
on which date in October the s21 expired
whether rent is payable monthly/weekly/whatever
whether any protectable tenancy deposit is protected

sammi
01-04-2010, 16:53 PM
Tenancy was for 1 year and expired end Nov 2007.
It is a statutory tenancy.
s21 served 27th Aug 2009 and expired 31th October 2009.

sammi
01-04-2010, 16:54 PM
rent payable monthly on 1st of the month.

sammi
01-04-2010, 16:59 PM
have I invalidated the s21 notice by asking tenant to leave in 4 weeks time??
Please help.

sammi
01-04-2010, 17:02 PM
deposit not protected.

westminster
01-04-2010, 17:05 PM
Tenancy was for 1 year and expired end Nov 2007.
It is a statutory tenancy.
s21 served 27th Aug 2009 and expired 31th October 2009.

What do you mean by 'statutory' tenancy? Is this an assured shorthold tenancy in England/Wales, with rent less than £25,000 per annum?

Has there been a renewal contract, i.e. a new signed agreement, after the first fixed term expired?

jeffrey
01-04-2010, 17:08 PM
deposit not protected.
The AST began in November 2006. As it pre-dates all the deposit protection legislation, there is no problem on that score.

sammi
01-04-2010, 17:09 PM
it was an assured shorthold tenancy which expired end of nov 2007.
since this date there has been no renewal of the tenancy agreement and as far as i was concerned it was just running month to month.
it is in england and wales and rent is much less than 25,000.

mind the gap
01-04-2010, 17:11 PM
have I invalidated the s21 notice by asking tenant to leave in 4 weeks time??
Please help.
That will depend on whether it was validly served in the first place. If you answer the 2nd and 3rd questions in #3 we may be able to tell you.

sammi
01-04-2010, 17:14 PM
served by hand on 27th aug 2009 to expire 31st oct 2009

mind the gap
01-04-2010, 17:17 PM
served by hand on 27th aug 2009 to expire 31st oct 2009

And do the tenancy periods go from the first day of the month to the last, e.g. 1st October -31st October?

westminster
01-04-2010, 17:18 PM
served by hand on 27th aug 2009 to expire 31st oct 2009


Assuming the fixed term expired 30th November 2007, and notice sought possession after 31st October 2009, and rent is payable monthly, the notice was valid and you do not need to give T a further two months' notice.

However, do you have evidence of the service, such as a witness present when you hand-delivered the notice? Because if not, T can claim he did not receive the notice.

sammi
01-04-2010, 17:18 PM
yes they do

mind the gap
01-04-2010, 17:23 PM
Then you can apply for a possession order as soon as you wish if T refuses to move out when you have asked them to.

sammi
01-04-2010, 17:23 PM
sorry forgot to say also sent notice by special delivery, so he received by the postman on 28th August as well.

I am worried that by asking him to leave in WRITING in 4 weeks, I may have invalidated the sec 21 notice. maybe not after reading your advice.

I think he has just said to someone he was asked to leave in 4 weeks and he has been told that it should have been 2 months. they have not said that they received the s21 notice.

mind the gap
01-04-2010, 17:27 PM
sorry forgot to say also sent notice by special delivery, so he received by the postman on 28th August as well.

I am worried that by asking him to leave in WRITING in 4 weeks, I may have invalidated the sec 21 notice. maybe not after reading your advice.

I think he has just said to someone he was asked to leave in 4 weeks and he has been told that it should have been 2 months. they have not said that they received the s21 notice.

Explain to him that the s21 notice gave him two month's notice of requirement to gain possession and that it was validly served. If he is being awkward about committing himself to moving out, I would apply for a possession order now. The four weeks will have passed anyway by the time you get a court hearing date.

sammi
01-04-2010, 17:30 PM
i think applying now for an order seems sensible as i do think he is going to be difficult.
i will explain about the 2 month s 21 notice being valid. main thing is that i haven't invalidated the notice by asking him to leave in 4 weeks.

sammi
01-04-2010, 17:33 PM
is it ok to put this in writing or should it just be verbal.

mind the gap
01-04-2010, 17:35 PM
i think applying now for an order seems sensible as i do think he is going to be difficult.
i will explain about the 2 month s 21 notice being valid. main thing is that i haven't invalidated the notice by asking him to leave in 4 weeks.

Tell him the four weeks was a bonus!

Just out of interest though, why did you serve the s21 then do nothing about it in November last year after the notice period expired?

sammi
01-04-2010, 17:36 PM
rent started being paid on time and massive arrears got paid up!
4 weeks was a bonus. i was being kind.

mind the gap
01-04-2010, 17:38 PM
is it ok to put this in writing or should it just be verbal.

By 'verbal' I assume you mean 'oral', but you can do either.

sammi
01-04-2010, 17:39 PM
yes i mean oral. thank you.

westminster
01-04-2010, 17:40 PM
is it ok to put this in writing or should it just be verbal.
I wouldn't write or say anything. Just start proceedings.

mind the gap
01-04-2010, 17:43 PM
I wouldn't write or say anything. Just start proceedings.Yes, I am inclined to agree.

sammi
01-04-2010, 17:43 PM
thank you for the advice.