Asking Tenants to Vacate

tbs624

clutton wrote: »

Teri - Assuming you live in England -

It doesn't matter *where* Terri lives - it's where the rental property is that counts, and its either under the law applicable to both Eng/Wales or its Scotland with its separate legal set up. So assuming Eng or Wales:

clutton wrote: »

i am a LL of 12 years and to answer your question, a tenant who is still in the fixed period of the original tenancy agreement cannot be forced to leave (unless s/he owes 2 months rent or more) prior to the end of the agreement.

That two months has to be owing at the time of application to the court and at the time of the court hearing itself (because, importantly, a court order has to be obtained)

clutton wrote: »

After the agreement ends the agreement automatically becomes a Statutory Periodic tenancy, and a tenant must be given a Section 21 notice which is 2 months notice, ending at the end of a rental period.

It only becomes a stat periodic if a new Fixed Term has not been signed up for and the T remains in occupation.

Note that a S21 can be timed to align with the expiry of the Fixed Term, with the LL applying to court for repossession of the property, immediately after that expiry date.

clutton wrote: »

so if your friend moved in on the 1st of the month, the notice must end on the last day of the month.

It is not when the T moved in to the property that determines the start/end date of the stat periodic. If the expiry date of a T's Fixed Term is 15th of the month, then tenancy periods will run on from 16th to 15th of subsequent months. T may in fact have moved in on the 21st of the month or any day other than the 16th.


Edit: Terri -
Note that if your friend paid a tenancy deposit (or signed up for a new Fixed Term after Apr 6 2007 then LL should have scheme registered that deposit and give him/her the scheme's prescribed info. Any S21 served without such registration will be invalid. Ts in that situation should keep quiet and let the LL find out that they have to start over - it gives the T extra time if they need it.

Your friend can check their rights with Shelter, via their website or their helpline.

tbs624

BitterAndTwisted wrote: »

I
This is a person who badly need to join a landlord's association. The advice they are seeking would then be freely available. And reliably accurate

....even the LL associations can get things wrong. Remember, for example, the RLA and their incorrect stance on how to get round the deposit regs?

Terrysdelight

clutton wrote: »

Well Teri - the smug sarky so-and-sos who have responded in their usual manner on this thread, have been caught out at last.. they are used to taking the mickey out of new landlords who come here for help... claiming they are pro tenant.. but here you are asking on behalf of a tenant friend. !! very funny guys very amusing

Thanks for advice.

I post quite a lot on the Techie Forum - and the people on there are really nice and helpful.

A couple members on this forum do appear quite smug and seem to enjoy having a dig at others. Not nice at all.

dodger1

BitterAndTwisted wrote: »

I wonder how long this person has been a landlord for and why they don't know how to bring a tenancy to an end? it's a bit worrying, really.

This is a person who badly need to join a landlord's association. The advice they are seeking would then be freely available. And reliably accurate

Terrysdelight wrote: »

Did I say I am a landlord?

Just asking on behalf of someone who needs a little more time and has received an informal letter - looks like he has a bit longer.

Thanks people.

Bitters quote doesn't state you are the LL, he clearly states "this person". This person refers to the LL whether that was you or not.

LandyAndy

Terrysdelight wrote: »

Did I say I am a landlord?

Just asking on behalf of someone who needs a little more time and has received an informal letter - looks like he has a bit longer.

Thanks people.

Why not say that in the OP?

tbs624

LandyAndy wrote: »

Why not say that in the OP?

Yes, the OP could be rad (edit: read!) either way, as being asked by/on behalf of a T or a LL but essentially the procedure for correct service of a S21 doesn't alter, regardless of who asks the question.

LandyAndy

tbs624 wrote: »

Yes, the Op could be rad either way, as being asked by/on behalf of a T or a LL but essentially the procedure for correct service of a S21 doesn't alter, regardless of who asks the question.

Indeed but some posters are being berated for their posts when those posts are not unreasonable under one valid (albeit erroneous) interpretation of the OP.

tbs624

LandyAndy wrote: »

Indeed but some posters are being berated for their posts when those posts are not unreasonable under one valid (albeit erroneous) interpretation of the OP.

Posters must not "berate" any LLs ( even dozy ones or downright criminal ones). It will upset Clutton.;)

Terrysdelight

tbs624 wrote: »

Posters must not "berate" any LLs ( even dozy ones or downright criminal ones). It will upset Clutton.;)

Posters shouldn't berate anyone. Why do people feel the need to have a dig at one another. Life is too short.

Thanks for replies, friend is OK. Deposit is in place too.

Have a good Christmas everyone.

BitterAndTwisted

Clutton was absolutely correct: my responses were smug and sarky because I misinterpreted the OP's question, which I now realise was ambiguous and I made the wrong assumption because of my deep-rooted anti-LL stance.

Apologies all round.

Note to self: read the ruddy first post properly and try to stop your prejudices from making false assumptions.