eviction mid rent term

marliepanda

goonarmy wrote: »

For clarity i mean eviction as in the tennants leaving, not forced eviction ie with the courts and bailifs.

If you are asking them to leave you cannot make them pay for the time they are not in residence.

If they have asked to leave mid rent term then it is for you and the tenant to agree, but you could charge for the full month (and they could choose to stay in residence)

goonarmy

marliepanda wrote: »

If you are asking them to leave you cannot make them pay for the time they are not in residence.

If they have asked to leave mid rent term then it is for you and the tenant to agree, but you could charge for the full month (and they could choose to stay in residence)

So a land laord cannot charge full price for a part month occupied then? This would mean its charged pro rata-by the day?

marliepanda

goonarmy wrote: »

So a land laord cannot charge full price for a part month occupied then? This would mean its charged pro rata-by the day?

That's not at all what I said. I said it depends.

If you have asked them to leave you can't charge them for time they do not live there.

Are you the LL or tenant? What is the circumstances of the eviction?

jjlandlord

As already asked, are you the tenant or landlord? And what exactly are you enquiring about?

You asked about eviction, and then added that actually it was not about an eviction...

G_M

goonarmy wrote: »

For clarity i mean eviction as in the tennants leaving, not forced eviction ie with the courts and bailifs.

'Eviction' means forcing a tenant to leave.

Hence all the explanations about court orders.

If you are talking about Surrender of a tenancy ie a mutual agreement by both sides, then it is up to the two parties to agree on
a) a date and
b) what rent will be demanded or not (eg pro rata charging and
c) any other compensation requested by the reluctant party to the agreement

I see. And the possestion order will be granted straight away rather than waiting for two months of arrears and a s8?

if the possession order is based on a valid S21 Notice then no rent arrears or S8 is needed.

To be valid, a S21 Notice must give 2 (calender) months notice before the LL can go to court.

To answer jjlandlord's comment, I mentioned Spencer v. Taylor because it used to be understood by many (most?) LLs, agents, and even courts that in a periodic tenancy theS21 notice need align with tenancy periods. Since the OP askedspecifically about 'eviction mid rent term' it seemed pertinant to clarify that this is not the case, as confirmed by the Court of Appeal in Spencer v. Taylor.

goonarmy

jjlandlord wrote: »

As already asked, are you the tenant or landlord? And what exactly are you enquiring about?

You asked about eviction, and then added that actually it was not about an eviction...

Its entirely about an eviction but there is no forcing involved;)

marliepanda wrote: »

That's not at all what I said. I said it depends.

If you have asked them to leave you can't charge them for time they do not live there.

Are you the LL or tenant? What is the circumstances of the eviction?

Dont worry about who is what, thats irrelevant.
So if the term runs from the first of the month till the end of the calender month and the eviction notice given is dated for say the fifteenith if the month, is it right to expect a tenant to pay for the entirerity of the month even though the tennant is resident for half of the month?

marliepanda

if you're not going to actually explain the situation why should people bother to help you?

You are in no way being clear. IF the LL is saying to the tenant I want you to leave 'mid way' through a rent period and the tenant is agreeing (aka ending the tenancy, not usually regarded as an eviction, however technically right that might be) then no rent should be charged when the tenant is not resident. Otherwise all landlords would make sure to serve notice for the tenancy to end 1 day into the next rental period.

goonarmy

G_M wrote: »

'Eviction' means forcing a tenant to leave.

Hence all the explanations about court orders.

If you are talking about Surrender of a tenancy ie a mutual agreement by both sides, then it is up to the two parties to agree on
a) a date and
b) what rent will be demanded or not .....

To answer jjlandlord's comment, I mentioned Spencer v. Taylor because it used to be understood by many (most?) LLs, agents, and even courts that in a periodic tenancy theS21 notice need align with tenancy periods. Since the OP askedspecifically about 'eviction mid rent term' it seemed pertinant to clarify that this is not the case, as confirmed by the Court of Appeal in Spencer v. Taylor.

Lets say there is a valid s21 is the term relevant or not? Does a full month need paying for even though part of a month is used?
And if the s21 isnt valid what would the case be?

franklee

G_M wrote: »

Then yes. The landlord must serve the tenant a S21 Notice giving 2 calender months notice (ie it can expire mid term - see [FONT=&quot]Spencer V Taylor[/FONT]), after which he must go to court for a possession order which can be awarded immediately (ie mid term).

Right so:

1. If a S21 notice expires mid -rental period and the tenant leaves then does the tenant owe rent pro-rata according to the number of days to the end of the S21 notice period or for the whole rental period?

2. Same question for a possession order.

3. Same question for bailiffs.

Worst case if the tenant leaves on day one of a rental period they owe a whole months rent even though they have left in accordance with a S21, possession order or bailiffs. It may not always be that easy to negotiate with the LL or to get the next property dates lined up to match a rental period. Different kettle of fish if the tenant is serving notice as that will be leaving of their own choice so time to plan better.

jjlandlord

goonarmy wrote: »

Its entirely about an eviction but there is no forcing involved;)
...
Dont worry about who is what, thats irrelevant.

You have been told the legal position.

Now you do not want to clarify the situation and you try to extract more information by asking more and more 'hypothetical' questions, which are probably not relevant to the issue... Therefore I suggest you see a solicitor who will be happy to sit for hours with you as he will be paid for it.