issuing end of tenancy

may_fair

RAS wrote: »

You need to give her a minimum of two month's notice from the correct date now as if you give her three months notice she does not have to move until October 23.

Yorkie1 wrote: »

2. Her tenancy started on 25th March, rent payable monthly, property in E/W?

Assuming yes, you have to give minimum two months to end at the end of a rental period. So if you gave notice tomorrow it will be less than three months to the end of the tenancy so you are OK. Do not leave it until 24th July to issue the notice as you will be too late by then and the tenancy cannot expire until 24th Sept.

The fixed term is 25th March - 24th September. Under s.21, LL cannot obtain a possession order to take effect earlier than expiry of the fixed term.

A s.21 notice can be served at any time after the tenancy has started and after the deposit is protected/prescribed info provided to T.

A s.21 notice is not a notice to quit, and does not oblige the T to vacate at notice expiry.

A s.21 notice served during the fixed term does not have to expire at the end of a period (rental period or tenancy period). A s.21 notice served after the tenancy has become periodic must expire at the end of a tenancy period, not a rental period.

Housing Act 1988
21. Recovery of possession on expiry or termination of assured shorthold tenancy.

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied:

(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.

(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.

(3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) on the day on which the order takes effect.

(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; and

(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

may_fair

lilyxpie wrote: »

She's in arrears due to invoicing me for decorating costs (which I planned to get from deposit).

Can you explain what you mean by this? T invoiced you for decorating? (You clearly know that you're not liable for decorating costs and, in fact, you could claim against T for damage if she has redecorated without your consent).

How much rent does she actually owe you? If rent is payable monthly, is there at least two months' owing and unpaid? (including the money withheld/'invoiced' for decorating). Not the same as 'arrears'. E.g. if rent is payable in advance on the 1st of the month and T doesn't pay on both 1st Jan/1st Feb, then on 2nd Feb there will be 2 months owing and unpaid. (If this applies to this T, then you can serve a s.8 notice and may be able to evict sooner).

Deposit was months rents which was 480 which is not going to cover damage as needing new carpets, plaster from dog etc.

And what's 'plaster from dog'?!

Did you have an inventory/condition report carried out at the start of the tenancy? If not you'll struggle to prove any damage if there's a dispute.

Also, you cannot charge for the full cost of replacing the carpets, even if destroyed by T. You would only be entitled to a portion, based on the expected lifespan of the carpet and age at end of tenancy. For example, if the tenancy lasts 3 years and the carpets were new at the start, and expected to last 10 years before requiring replacement due to fair wear and tear, then you'd be entitled to claim 70% of the replacement cost, because you'd 'lost' 7 years' worth of use.

may_fair

lilyxpie wrote: »

she;s in loads of breaches of contract (house wrecked by dog she's not got permission for, painted orange without permission - for a fee she knocked of last months rent!).

The only breach which is likely to work is if there's a lot of unpaid rent (as per previous post) - the mandatory ground 8 of schedule 2 Housing Act 1988. However, if you do serve a s.8 notice and apply for possession on the grounds of unpaid/late rent (grounds 8, 10 & 11), you can add in other grounds covering the dog/orange paint breaches to ice the cake.

I just need advice on which is will be most straightforward as I have got grounds to evict her now, but is it easier (for the sake of 4 weeks) just not to renew contract and hope she does actually move out!

Do not rely on hoping she moves out. If the contract is not renewed, and she remains in occupation, then a statutory periodic tenancy will automatically arise. Same terms as the current contract except for any provisions relating to notice. In short, the tenancy will keep rolling on, even after fixed term expiry.

chris_m

may_fair wrote: »

And what's 'plaster from dog'?!

Presumably the animal has been scratching the walls - or, even, chewing them.