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gizzmo
12-08-2005, 14:31 PM
My tenant who is constantly in arrears has applied for Housing Benefit. Under the terms of our agreement - either party can give 2 months notice to quit on the 6 month date of the tenancy - although we have a 1 year agreement. Am I still able to give her notice to leave on that date, and enforce it so that she actually goes - or am I likely to have issues with her leaving by that date if she is in the process of applying for Benefit.
Should I give her notice anyway and then take it to the courts?
Does the notice have to be a Section 21 notice - she is not in arrears of 2 months rent yet. Or will a written letter suffice?
Thanks in advance.

MrWoof
12-08-2005, 14:42 PM
If either party can give notice on the 6 month date, doesn't this make it a six month agreement? Sory, not sure about that one but her application for HB won't affect anything. If she has money problems then this could be the reason for the arrears in which case HB is likely to sort the problem, then, its just a case of agreeing repayment of the arrears with her. HB will be able to give you and her an estimate of how much HB she will get but it takes several weeks to finalise (in my area, 10 weeks is normal). If this is acceptable to you, make sure HB is paid directly to you, it will be backdated to the date of application.

PaulF
12-08-2005, 22:08 PM
Gizzmo. You've posted two questions both of which I guess are related? As there is a search facility where you can find most answers using keywords as your questions have arisen many times before perhaps you could use it? The break clause on a tenant is worthless unless you agreed it with her in advance and is shown under a "special tenancy conditions" clause rather than it being a standard term within the agreement.

I won't go into the details as it will only confuse you - just accept what I have said.

The commencement date of your AST determines the day in the month when rent is due, and not when your tenant pays rent by the way.

gizzmo
12-08-2005, 22:28 PM
Thanks for your help Paul f. I did actually use the search facility on the site as I have seen your replies to folks in the past asking them to do so - but everything I found pointed to the rent due date and the AST start date being the same - I didn't actually find anything referring to where we had agreed in writing to change the rent due date to a different date. The info I received was conflicting - because in some cases it says the Section 21 should be served 2 months before the rent due date - and in others it said the AST date - and I wondered if these were different - which would take priority.

But anyway - I think I am clear now thanks to the help from yourself and Mr Woof.

Re the breaks clause - if it is worthless - why do the letting agents continue to use it in the agreement?
Thanks

PaulF
12-08-2005, 22:36 PM
As has been posted by me and plenty of others a S.21 Notice can be served at anytime but at least two months Notice must be given. Why everyone gets confused by this I don't know. Serve it at the start of a tenancy if you want to.

See my post on "Gary Webber" about a 5 to 6 weeks ago. Just put it in the search facility and read all about serving S.21 Notices!