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fizzbomb
06-04-2010, 19:53 PM
Hello all. I hope someone can help me. I am managing a property for my brother, I have found him a tenant, a single parent with 2 children who will be claiming housing benefit. I am meeting with her on thurs eve( 9th april) to sign the tenancy agreement and hand over keys. My brother will also be there, and her mother, who is acting as guarantor. I have checked all their references and done a credit check. All good. My question is, housing benefit wont kick in till monday because they dont pay till the monday after you hand in your forms, which she hopefully will do on friday. We dont want the rent off her for the days in between, but when do i start the tenancy agreement from? The 9th or the 12th(mon) and is there any problem with giving her the keys on thurs if you say we should start the AST on mon? I want to stick to our meeting as I have already delayed it by 2 days because i was still getting my paperwork together.Also, I want to serve her with a sect 21 at the beginning of the tenancy, I know i have to do this after she has signed the ast and after i have deposited her deposit. What do I say to her when i give her the section 21? I obviously mean nothing sinister by it, but nonetheless i feel uncomfortable. These last few weeks have been a rollercoaster of feeling uncomfortable for me actually, asking people such personal questions and deciding who should have the house. Must get tougher! Thanks

Poppy35
06-04-2010, 20:00 PM
ok, I trust that on thursday she will be paying you one months rent plus a deposit normally equivalent to one months rent?

If so then just start the agreement on the day she moves in (9th) and if she is paying weekly state rent runs from a thursday so last day of a period of notice would end on a wednesday.

Its far easier however to keep the agreement monthly, local council will pay her the rent every 4 weeks so by the time the rent is due again she should have the 4 weekly payment of HB plus any top-up she has to pay.

You cannot give her the Section 21 until she has signed AST, and the Prescribed Information and you have protected the deposit so unless you are sat at the pc with her at the time of her moving in you will have to give her the S21 at a later time.

fizzbomb
06-04-2010, 20:22 PM
Ok, thanks. Yes she will be giving me one months rent up front, and the deposit of one months rent. She will be paying monthly. Can you explain what a period of notice means? Also, the sect 21 i am issuing is the one off this site, what date do I put in the field that says "date of expiry of this notice", and "date this notice is served" After Ive protected her deposit I need to give her the info, and I plan to give her the section 21 then. I really dont know how to explain it to her though, I dont want to scare the poor girl!

REDLIMITED
06-04-2010, 20:34 PM
Have you got planning permission to rent the property out?

fizzbomb
06-04-2010, 20:46 PM
We have consent from the mortgage company, sent a letter to the leaseholders, got buy to let buildings insurance, and my brother has had the property inspected by the local council, and is now an accredited landlord.

fizzbomb
07-04-2010, 11:46 AM
Ok, thanks. Yes she will be giving me one months rent up front, and the deposit of one months rent. She will be paying monthly. Can you explain what a period of notice means? Also, the sect 21 i am issuing is the one off this site, what date do I put in the field that says "date of expiry of this notice", and "date this notice is served" After Ive protected her deposit I need to give her the info, and I plan to give her the section 21 then. I really dont know how to explain it to her though, I dont want to scare the poor girl!
Can anybody help me with this? Thanks

mind the gap
07-04-2010, 12:58 PM
You are not obliged to serve her a section 21 notice the day she moves in. Many people think this is a very poor 'welcome' card to someone beginning a tenancy.

A s21 notice is simply a notice saying that you are seeking to regain possession of your property after a certain date. It can be argued that there is no point in serving it at the outset since that 'certain date' cannot be before the end of the fixed term in any case. The only legal requirement is that is is correctly filled in as to dates etc and that it is served at least two full months before the end of the fixed term or, if the fixed term has already elapsed, that it is served with at least two months' notice to expire at the end of a rental period (usually the last day before rent is due).

Even when you have served it and it expires it does not mean that you can make the tenant move out if she chooses not to. It is simply a necessary pre-amble to obtaining a court order and to instructing bailiffs, if need be. This issue often rears its head on this forum; see the following thread, for example (there are more)

http://www.landlordzone.co.uk/forums/showthread.php?t=26841&highlight=section

fizzbomb
07-04-2010, 13:05 PM
Thanks, thats great. I wont serve her with it then, am quite relieved. I think its a bit of overkill on my part. I just don't want to get anything wrong as its my brothers property not mine. Thanks very much for your input:)

REDLIMITED
07-04-2010, 17:10 PM
you may have the mortgagees permission but have you applied for planning permission to rent the property out as now required since April 6th 2010

westminster
07-04-2010, 20:25 PM
you may have the mortgagees permission but have you applied for planning permission to rent the property out as now required since April 6th 2010
What are you talking about? OP has said nothing to suggest this is an HMO. No planning permission required to rent a property to a single tenant.