Section 21 Notice (4A)?

[Karen77]

HI

I moved out of my property last year with the view to selling it. During this time my friend became homeless so I said that she could stay at my property until I sold it. She pays me a small amount of money everyweek towards the bills and she also pays the Council tax.

She has been to the Council to go on the Council waiting list and they have said that I need to give her a Section 21 notice and give her 2 months notice to leave.

I have not given her a tenancy just a place to stay whilst she was in need. She has been in there since August 2007. My sale is about to complete on the property in mid march.

Where do I stand with the Section 21 notice do I need to sign this legally as no contract was ever given to her. My friend is willing to move out whenever I tell her as I have just been doing her a favour.

Any advice would be greatly received.

[jeffrey]

1. There IS a contract and a tenancy- oral, not written. You let her occupy; she pays you rent.
2. The tenancy is governed by Housing Act 1988 as amended unless rent is not more than £1000 [Greater London] or £250 [elsewhere] per annum- para. 3A of Schedule 1 to Act.
3. Assuming that the Act applies, Notice would be under s.21(4)(a).
4. Its expiry date would have to be:
a. after two months from service; and
b. the last day of a rent month too.

[Karen77]

Thanks very much for the reply.

If I serve 2 months notice today would the expiry date be the 17th April?

Also, my completion date will be before then and my friend is going to look to rent privately until the Council can find er something.

I did write a letter to the Council in October 2007 stating that the property was under offer and that she will need accomodation once the property is sold. When she took the letter to the Council in October nobody questioned it or said that it wasn't good enough to take as notice. Now they are saying that they cannot use this letter.

Thanks
Karen

[jeffrey]

If I serve 2 months notice today would the expiry date be the 17th April?
No. As an expiry date, 'after 17 April' would work only for rent day of 17th day of month and Notice served no later than 16 February.
For example, and assuming a Notice served today (18 February), expiry for rent day of:
a. 17th day of month would be 'after 16 May';
b. 18th day of month would be 'after 17 May'; or
c. 19th day of month would be 'after 18 April'.

[Karen77]

Thanks for your replies Jeffrey.

I really need to get this sorted asap.

My friend pays me some money on a weekly basis sometimes on a Monday and sometimes on a Friday.

Can anyone please tell me when the earliest date is that I can put on the Section 21 form for my friend to move out?

Many thanks
Karen

[jeffrey]

Thanks for your replies Jeffrey.

I really need to get this sorted asap.

My friend pays me some money on a weekly basis sometimes on a Monday and sometimes on a Friday.

Can anyone please tell me when the earliest date is that I can put on the Section 21 form for my friend to move out?

Many thanks
Karen
You could try a Notice with just the "sweeping-up" wording, something like an expiry date expressed as:
"after the day following the expiry of the rent period that next ends following two months from the date of this Notice".