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willsamike
13-04-2010, 17:47 PM
Hello, could anyone help with a query please.

I served a s21 notice on my tenant on 28th January 2010.

Her fixed term tenancy states that it expires on 30th March 2010 but it also states that it is for a term of 12 calendar months from 1st April 2009 (so it is contradictory, should expire on 31st March 2010). Rent is payable on the last day of each month in advance.

The s21 notice requires possession 'immediately after expiry of the tenancy on 30th March 2010'.

Can anyone tell me if my s21 notice is likely to stand up in possession proceedings? My concern is, will the 30th March override the 12 calendar months as otherwise I could be requiring possession within the fixed term?

If I now need to re-serve notice what would the date for possession be?

I am thinking of issuing separate proceedings for the overdue rent and at least getting a money judgement - any comments?

All advice gratefully received.

Snorkerz
13-04-2010, 18:05 PM
I believe that where there are contradictory statements, the benefit is given to the tenant.

Are the arrears sufficient for a s8 notice under ground 8? This costs £50 less than s21 if done online (google pcol) and can include a monry order for missing rent. Another major advantage for you is that notice is only 14 days and the tenancy dates would be irrelevant.

Charles19
14-04-2010, 10:01 AM
I believe that where there are contradictory statements, the benefit is given to the tenant.

Are the arrears sufficient for a s8 notice under ground 8? This costs £50 less than s21 if done online (google pcol) and can include a monry order for missing rent. Another major advantage for you is that notice is only 14 days and the tenancy dates would be irrelevant.

I'm a little confused. Serving a S21 does not cost anything.
What are you referring to as costing £50 less here please Snorkerz?
I take it pcol is simply a different site to mcol.
Can mcol not be used for a S8 then?
Thanks for help on this.
C

Snorkerz
14-04-2010, 16:02 PM
I'm a little confused. Serving a S21 does not cost anything.
What are you referring to as costing £50 less here please Snorkerz?
I take it pcol is simply a different site to mcol.
Can mcol not be used for a S8 then?
Thanks for help on this.
C

serving the section 21 notice is free, but possession claims (ie the court process) do cost.

Possession Claim Online (PCOL) is the courts online system for commencing a section 8 possession - it costs £100.

The other way of starting a claim is via paper forms - this costs £150 and can be done for s8 or s21.

MCOL is Moneyclaim online - a different process that, as the name implies, is for claiming money - missing rent and dilapidations in our case.

jeffrey
14-04-2010, 16:06 PM
Her fixed term tenancy states that it expires on 30th March 2010 but it also states that it is for a term of 12 calendar months from 1st April 2009 (so it is contradictory, should expire on 31st March 2010).
Moral: never show all three of term commencement, length, and expiry- just the first two.