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djmcd
31-01-2008, 18:22 PM
Hi.

New to all this so please bear with me.

We have a tenant in a propety and the AST ends on 11th April 08.

We have written to her stating we require the property back as we need to live in it and issued a sec21 notice.

This is where my confusion starts.

As we have given the sec21 approx 3 months in advance of the AST ending (being nice giving more notice than req'd) which one should I have sent sec21(a) or sec21(b) as did not know about the 2 different ones until looking into the next part of my question. Also the rent falls on a Friday should this date corrospond to the date on the sec21

She has applied for a council house and they have said that they have a long list and for her to sit tight until evicted.

What would be the best way forward in this case as I don't want the courts to reject any documents and put us back.

I have been told that if I made a mistake on the original documents I can re-send them and the new ones will superceed the old ones is this also the case and if so will I need to state this anywhere in writing.

So Sorry to be a bit of a nightmare but any help is very greatly appreciated.

johnboy
31-01-2008, 18:43 PM
Use section 21(1)(b) to expire on 11th april 2008 send one with proof of postage and the other by normal post or better by hand with witness. You dont have to give a reason and it is proberly best if you dont.

If they are not out on the 12th apply to the court for a hearing that day because the courts can be a bit slow depending what area you are in.

djmcd
01-02-2008, 13:54 PM
Use section 21(1)(b) to expire on 11th april 2008 send one with proof of postage and the other by normal post or better by hand with witness. You dont have to give a reason and it is proberly best if you dont.

If they are not out on the 12th apply to the court for a hearing that day because the courts can be a bit slow depending what area you are in.

Thank you johnboy.

Could you just explain briefly why it has to expire on the 11th April & if this date is correct as below (as I don't understand a lot of this)

Also as we have already sent a letter and a sec21 - which is deff the wrong version - how would we go about sending another one to replace the incorrect one is it just a case of sending another or should it state somewhere that this new one over writes all previous ones.

I really want it to go through first time and need desperatly to get it all right as we need to be in Canada by Oct 08 to take up a new job.

All help therefore is very greatly appreciated.

The AST dates are as follows:

TERM
From: 12 October 2007
To: 10 April 2008 ("The Term")

Rent is paid weekly on a Friday (combination of Housing benefit & Tenant)

Therefore is the date of expirey of the sec21 correct in saying 11th April 2008



EDIT: Just read the termination notice we sent and it "DOES NOT" mention anything about section21 my wife drew it up from a legal book and it just says - NOTICE TO TERMINATE (Rental Agreement or House/Flat Share Agreement).

All now looks very poor standards indeed!!!!

Surrey
01-02-2008, 22:33 PM
Do a bit more research, even looking at the Housing Act directly, to find out exactly what has to be included on a Section 21 (1) (b) notice. Take heart though, you still have time to issue a correct notice to end at the end of the tenancy, but don't hang about.

davidjohnbutton
02-02-2008, 01:07 AM
DJMCD check your email, I have sent you a S21 (1) b form to print out and use.

johnboy
02-02-2008, 09:01 AM
A rental term normally ends on the day of the month before start date (if that makes sense)
For a 6 month tenancy
so if the start date is 1st jan the end is 30th june and if it was 10th jan the end would be 9th july.

so as long as your section 21(1)(b) doesnt end any earlier than the last day on the tenancy agreement and you give at at least 2 months notice you are ok.

djmcd
06-02-2008, 14:17 PM
Just a quick note to say I very much appreciate all the help and advice I have been given here ref this thread.

davidjohnbutton - Thanks for the s21 it is now winging its way to the tenant as I type with the correct date on it so thanks to - johnboy - also.

We'll now have to sit back and wait see if the council rehouse her. They do say they are optimistic of her getting housed by the 11th April (date of expiry of AST) however can't be 100% certain....yeh really!! I'm optimistic about world peace.

Also very annoying when you speak to the T and she says "Well I'm not just gonna take any old place"


Thanks again to all.

Dave

djmcd
16-02-2008, 18:13 PM
Quick update:

Surprise or what the tenant text (yeh text) Friday to say she will be moving out Monday (yeh this Monday) just a short drive morrow Winchester - Hartlepool :eek: well at least we get the house back....fingers crossed not got it yet.

My question for more help is this:

Even though she has said she is leaving on Monday obviously her AST ends on 10th April 08 is there any official form or document we need to get her to sign to say she ending the AST early & is not going to return in X days time and waltz back in where I suppose she would have a right to and drop us in it. She could turn up and say what the hell are you doing here I still have a AST and report us.....or is her handing us back all the keys and leaving good enough.

I really can't see it happening but belt & braces & all that.

Thanks in advance.

Dave

Colincbayley
16-02-2008, 18:36 PM
Just get the keys back and get her to put it in writing that she is leaving. Job done.

djmcd
16-02-2008, 20:10 PM
Just get the keys back and get her to put it in writing that she is leaving. Job done.


Cheers for that Collin. Thought something like that would suffice just wanted to cover backside.

Will get my PA (wife) to draft something up for tenant to sign.

Thanks for your help.

Dave

Surrey
17-02-2008, 23:49 PM
How do you want to do this? Do you want to let the tenant off all their responsibilities and just end the tenancy early or do you want them to continue to pay rent until either the term of the AST expires or you find a replacement tenant?

If you want them to stick to their responsibilities, then I suggest as well as writing out a letter from the tenant saying they're leaving that you also write to them to reming them that they remain liable and that your accepting the keys does not let them off their responsibility to pay. You should do this in the avoidance of doubt, as if you do not, then your tenant might claim that you gave permission for them to just walk away with no further payments being due.