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Penfold78
26-07-2011, 14:03 PM
Hi

If a tenant remains in the property after a s.21 notice has expired but does not leave, meaning possession proceedings are needed, is rent still payable throughout this period? Should tghe lanldord accept rent payments? I wonder because proceedings could potentially last months but rent stopped being accepted after s,.21 expiry.

thanks:(think):

MrJohnnyB
26-07-2011, 14:04 PM
Wouldn't advise any landlord accepts rent as it may prejudice the position on attempting to gain possession.

Interlaken
26-07-2011, 14:05 PM
As long as tenant remains at the property rent is due and you should accept it. Looks as it you will have to get a court order to gain possession but do not refuse rent - it will not aid your cause.

Surely it is best to get some rent JB rather than nero. S21 after court order is mandatory so where's the harm?

jta
26-07-2011, 14:33 PM
Wouldn't advise any landlord accepts rent

I have read that rent offered must be accepted. I can't remember where though.

MrJohnnyB
26-07-2011, 14:40 PM
I have read that rent offered must be accepted. I can't remember where though.

I should have added the proviso that I probably am wrong. Effectively a S21 is opposing any extended term, and by accepting rent (usually payable in advance) are you not guaranteeing the tenant possession for a further month after the rent is due?!

jta
26-07-2011, 14:43 PM
'Mesne profits' springs to mind.

fletchj
26-07-2011, 14:45 PM
Wouldn't advise any landlord accepts rent as it may prejudice the position on attempting to gain possession.

Sorry but this advice is complete nonsense - the S21 is NOT a notice to quit and it DOES NOT bring the tenancy to an end.

Rent remains due and is fully payable until the tenancy comes to an end, which in this case would be when the tenant moves out - whether by themselves or with the help of a bailiff.

MrJohnnyB
26-07-2011, 14:45 PM
'Mesne profits' springs to mind.

It doesnt apply until the court order is granted but before the landlord gains possession. I believe.

jta
26-07-2011, 14:47 PM
Whatever, I agree with fletchj.

MrJohnnyB
26-07-2011, 14:55 PM
Whatever, I agree with fletchj.

Fair enough, then I bow to your superior knowledge. The reasoning behind my logic, was primarily based upon my commercial background, which as we all know is significantly different to residential.

westminster
26-07-2011, 19:04 PM
Fletchj is right. MrJohnnyB is wrong.

jackboy
27-07-2011, 16:22 PM
This thread is similar to a question i was asking before. My tenant had discounted rent for the first year. He has proven to be a nightmare and i served S21 to get him out on last day of fixed period. He is witholding rent and so may not leave when i want him to. I plan so serve a s13 for a rent increase on the first day of the periodic tenancy so that if he remains beyond the last day of the fixed period i can charge the higher rent. He wont pay it but when i goes to court i hope to get an award for the higher, albeit still market, rate.

Can anybody spot any problems with this?

thanks

Lawcruncher
27-07-2011, 16:33 PM
It doesnt apply until the court order is granted but before the landlord gains possession. I believe.

The tenancy not only continues after a s 21 notice expires but until any order for possession is executed.

Penfold78
06-09-2011, 08:50 AM
Hi there

Just to resurrect this old issue.

I understand rent remains payable after notice has expired and until court order is executted. is there an authority for this.

What is the position is the landliord refuses one month's rent because they thought the tenant would leave at expiory of the notice and therefroe did not accept payment for the period after in advance? More to the point, what is the position is the next months rent is refused, but then the tenant remains in the property and refuses to pay rent during possession proceedings citing this initial refusal as the reason?

jjlandlord
06-09-2011, 08:59 AM
post #13 succinctly summarized it. The tenancy continues, and rent is due.
Therefore, as a tenant I would keep offering to pay the rent and keep the money on my saving account if refused.

westminster
06-09-2011, 10:39 AM
I understand rent remains payable after notice has expired and until court order is executted. is there an authority for this.
Housing Act 1988

Section 5
(1) An assured tenancy cannot be brought to an end by the landlord except by—
(a) obtaining—

(i) an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii) the execution of the order,
(b)...
(c)...
(1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

jta
06-09-2011, 11:16 AM
Housing Act 1988
section 7

Section 8?

westminster
06-09-2011, 11:39 AM
Section 7 is what it says; s.7 is entitled 'Orders for possession' and s.8 is entitled 'Notice of proceedings for possession' (both sections referring to grounds in Schedule 2).

jta
06-09-2011, 11:44 AM
Righto then, (every day in every way)