Tricks tenants get up to

homeoffice

Many thanks paintpot ur a star......

I will be hand delivering with a friend the section 21 to the tenant.... will obviously wait for the deposit scheme reciept before doing so.....

Assuming I deliver the section 21 by hand on the 20th Feb, the notice should read as follows:

[FONT=Verdana,Bold]NOTICE REQUIRING POSSESSION[/FONT][FONT=Verdana,Bold] [/FONT][FONT=Verdana,Bold]of a Dwelling House[/FONT]
[FONT=Verdana,Bold](England & Wales - Housing Act 1988 as amended by Housing Act 1996 – Section 21 Notice)[/FONT]
[FONT=Verdana,Bold] [/FONT]
[FONT=Verdana,Bold] [/FONT]
[FONT=Verdana,Bold]I give you notice that I require possession of this dwelling house by virtue of: [/FONT]


(1) Your [FONT=Verdana,Bold]Fixed-Term [/FONT]Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b




[FONT=Verdana,Bold]To: [/FONT]#####


[FONT=Verdana,Bold]From: [/FONT]#####


[FONT=Verdana,Bold]Address: [/FONT]#####


[FONT=Verdana,Bold]DATE OF EXPIRY of this NOTICE[/FONT]: 20th April 2009
(See below)


[FONT=Verdana,Bold]Signed (landlord / agent): #######[/FONT]
[FONT=Verdana,Bold] [/FONT]









[FONT=Verdana,Bold]Date this NOTICE is SERVED: 20th February 2009[/FONT]
[FONT=Verdana,Bold]Tenants and Landlords please note:[/FONT]
[FONT=Verdana,Bold] [/FONT]
· On or after the end of a fixed-term assured shorthold tenancy a court must make an order for possession if the landlord has given notice in writing under the shorthold ground (Section 21).
· The landlord does not need to give any reason for requiring possession.
· Where there are joint landlords, at least one of them or their agent must serve the notice.
· Where there are joint tenants, it is preferable that each tenant be served notice.
· The notice should be served in person or through the letter box or by first class post – keep a copy and record the date and time, who served the notice (any witness), and proof of postage.
· [FONT=Verdana,Bold]Fixed-term [/FONT](S21(1)b) The length of the notice must be [FONT=Verdana,Bold]at least two months[/FONT], and the notice must be served [FONT=Verdana,Bold]before or on the day on which the fixed-term comes to an end[/FONT].
· [FONT=Verdana,Bold]Periodic Tenancy [/FONT](S21(4)a) (i.e. where the tenant has stayed-on after the expiry of the fixed term) a notice can be served after the fixed-term has ended specifying a date after which possession is required being the [FONT=Verdana,Bold]last day of a period of the tenancy [/FONT](usually the day before a rent payment day) and [FONT=Verdana,Bold]not earlier than two months after the date the notice was given[/FONT].
· Periodic Tenants – the landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after the expiration of 2 months from the service upon you of this notice.
· If you as tenant do not know your rights after you have been served a notice requiring possession see a solicitor, the Citizen’s Advice Bureau or your local authority rent officer. LandlordZONE.co.uk - supplied free in good faith – no accuracy guarantee & no liability accepted – use at your own risk

Thanks again paintpot......

paintpot

I am just about to fly out the door. I haven't read it fully but not comfortable with requring possession date as being 20th. I'd add a couple of days on. Mine always states requiring possession "after" not "on" and that makes a big difference. Think you will be a day short. Will check again more fully but by addiing a couple of days for service will do you no harm and cover your !!!!! I really have skim read! Sorry, must dash!

Blue_Diamond

clutton wrote: »

Just before the 6 months i explained that she could certainly have a 12 months contract, or it could just stay as it was on a rolling contract. She chose the rolling periodic contract - but also asked if she could install SKY - so i assumed a long term tenancy was on the cards.


Hi there.

The tenent got Sky - this would be a 12 month contract. Have you checked whose direct debit details she had put this in? It may be in her name, and may be evidence...

clutton_2

""Have you checked whose direct debit details she had put this in? It may be in her name, and may be evidence...""

SKY would not release this info to me under data protection legislation

i have asked DPS what the situation is and they tell me they will make a decision on 27th FEb - so i will update then - tenant left at the end of November - so - not a speedy process by any means

MissMoneypenny

paintpot wrote: »

However if you post it then you need to add on 3 days to that date, if you hand deliver it then I believe it's deemed served the following day but I'd still add a couple of days on for safety sake. If possible you ask the tenant to sign receipt of receiving it, (not always possible) so if you hand deliver it make sure you take a witness and ideally get them to take photos of you posting it.

Didn't someone on here say that it had to be served on a business day ie Monday to Friday and before 5pm?

MissMoneypenny

clutton wrote: »

i have asked DPS what the situation is and they tell me they will make a decision on 27th FEb - so i will update then - tenant left at the end of November - so - not a speedy process by any means

Do you know if the tenant has taken legal advice clutton?

clutton_2

based on the Stat Dec they sent to DPS i very much doubt it - - but i will not prejudice my case by explaining why until after the decision has been made by DPS artibitration

my AST tells them how to seek advice if there are problems.

homeoffice

Hi all,

Back again, just to let you know have placed tenant deposit into scheme, was wondering does anyone have an all encompassing section 21, if so can someone please send me a copy?

My tenant is still in their 6 month fixed term tenancy agreement which expires April 1st 2009....

I have had a look at the section 21 nitoces available, I would like a clause that if I made an error on the dates the clause should cover me....

Many thanks

clutton_2

""I have had a look at the section 21 nitoces available, I would like a clause that if I made an error on the dates the clause should cover me...."

join national landlords association and get proper advice - trying to "second-guess" this eviction process may well end up with your court case being thrown out, you will then have wasted £150 and the tenants still in situ and you will have to start all over again - and then 6 months later you MAY get the tenant out

clutton_2

Well, i am utterly utterly utterly utterly gobsmacked - the tenant won the complete deposit

the DPS judgment papers clearly say that the tenancy ended on 16th November and then clearly agree that she moved out on 21st November

and goes on to say

"the tenant submits that the landlord was aware that she would be vacating the proprty upon the expiration of the tenancy agreement"


The final judgement goes on to say

""I find that in accordance with clause 3.62 of the Office of Fair Trading Guidance in Unfair Contract Terms in Tenancy AGreements 2005 that a fixed term Assured Shorthold Tenancy AGreement comes to an end when the fixed term runs out; and the Tenant does not have to provide notice to end it.

For clarification i am inclined to accept the tenants submission that the LL was aware that the Tenant would be vacating the property at the end of the fixed term and accordingly i find that the landlords claim in this regard fails. "


i am utterly utterly speechless

but she moved out AFTER the end of the fixed term - when the AST became periodic when a full months notice is required to be given ending on the final day of the rent period


i am now going to transfer my deposits from DPS to the mydeposit scheme (insurance backed) and make sure that every notice from a tenant is received in writing - or that i confirm their phone call in writing the day they phone.