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shiney
13-10-2011, 08:53 AM
I am in the process of taking possession under Section 8 (ground 8) but on completing the Court papers I have discovered a mistake on the AST; the start date and the end date are the same, with no written declaration of the term!

Can I proceed S8 or should I go S21, and if S21, which one S21b or S21A?

The tenancy reads;


"The Tenant shall take the Property for the sole occupation of the Tenant from 23/11/2010 to
23/11/2010 (the “Initial Term”) for a payment of £*** (the “Rent”) per weekly. The initial
payment of £*** is payable on 23/11/2010 and all subsequent payments are to be paid on the
contractual day of each month throughout the Initial Term.”

Snorkerz
13-10-2011, 09:20 AM
I think the duration would be less of an issue with a section 8, where you have to prove that the contract has been breached, rather than section 21 where you have to prove the contract is over.

Usually, a term of (say) 12 months would run 23/11/10 to 22/11/11 so, if we assume the year should have been '11' then the fixed term would have been one year and one day, which makes the 12 month argument harder to put down to a 'typo' or clerical error.

However, If we assume 2011 was the intention, then it would be a section 21(1)(b) but expect to have to explain it in court - which would in effect mean no 'accelerated' s21.

westminster
13-10-2011, 09:53 AM
The tenancy reads;

"The Tenant shall take the Property for the sole occupation of the Tenant from 23/11/2010 to
23/11/2010 (the “Initial Term”) for a payment of £*** (the “Rent”) per weekly. The initial
payment of £*** is payable on 23/11/2010 and all subsequent payments are to be paid on the
contractual day of each month throughout the Initial Term.”

Not only has the drafter messed up the term, but it's also not clear when the rent is actually payable, though I suppose one must assume it's payable on the 23rd of each month (in which case, it seems needlessly complicated to express the rent as a weekly figure - an annual or monthly figure would make more sense).

In addition, it does not expressly state that the rent is payable in advance; although it is implied that the first payment is due in advance, what about subsequent payments? (i.e. was the second payment due on 23rd December or 23rd January)? If a contract does not say that rent is payable in advance, then the default position is that it is payable in arrear. Depending on how much rent is allegedly owed, this may have some bearing on your s.8 application, since a certain amount of rent must be owing and unpaid in order to fulfill the criteria for s.8.