Advice please ... complicated tenancy problem

DVardysShadow

may_fair wrote: »

No, I am saying that a rental period is different to a tenancy period.

No, it's not.

It's called a rental period.

You mentioned serving notice to expire at the end of a rental period. I was attempting to clarify that a s.21(4)(a) notice must expire at the end of a tenancy period, not a rental period.

No, the term of the tenancy is called the term or the fixed term, not the period. Tenancy period is not an ambiguous term; it is what is referred to in s.21(4) HA1988.

(4)Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—
(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section;

Which is why a s.21(4)(a) notice must expire at the end of a tenancy period.

In my example, the period paid for by an instalment of rent is the period 1st - last day of the month, i.e. a rental period. And rent periods are not relevant when calculating the expiry date of a s.21(4)(a) notice, only the frequency with which rent is payable is relevant as this dictates the length of the tenancy periods.

This is barmy. A rental period is a period for which you rent something. It is not the period between rental due dates. The period between rental due dates is not relevant to anything. OK, I did not use the same term as you did. But if you apply my definition to what I said, rather than yours, then you would be hard pressed to make anything of this.

casperlarue

Thanks everyone for your input....including all the variations on rental period

Further info received from Ernie this afternoon .... Berts mum moved in a week ago and he didn't bother to tell me about this. Ernie is looking to move back into the the flat on Tuesday, whether Bert likes it or not!

I think i'll sit back for a few days to see where this goes. Oh well, they've been good tenants for over a year now .... don't really want to get involved with their domestics though!

bris

If Ernie moves back in then you will get the LHA again. This will buy you the time you need to issue them with a s21. You could do a deal with Ernie telling her that once the tenancy has ended and they have officially moved out you would give her a new lease.
This will stay messy unless you get Bert and his mother out of the picture.

casperlarue

Thanks Bris, ths is the outcome i'm after .... gotta love those single mums! (joke!! please no discussions about the rights and wrongs of the welfare system )

Darlyd

casperlarue wrote: »

Thanks Bris, ths is the outcome i'm after .... gotta love those single mums! (joke!! please no discussions about the rights and wrongs of the welfare system )

:rotfl:

You could tell Ernie to see a solicitor to get Bert away from her? She would get legal aid.

If benefits agency find out Bert's full time working mum moved in, surly that will be affected?