Tenants won't leave

kmmr

Annie1960 wrote: »

And what, exactly, led you to believe you were following the correct procedure?

To be fair it's not all that straightforward, and unlike many posters the OP is not ranting at the unfairness of it all! I missed out the need to send prescribed information with my first tenancy, I was just lucky enough to have nice tenants who left off their own bat when they wanted.

chelle_belle

Thanks yorkie1 for your advice.

I've just been reading the form N5b accelerated possession and with regards to the deposit it asks when the prescribed information was served and to provide evidence. Even when i refund the deposit it still doesn't change the fact I didn't issue the PI within the 30 days. What would I put on the N5b in this instance? Should I refund the deposit and send a copy of the PI prior to serving the S21? The PI that I have looked at for the DPS requires a tenant signature. Also if I put a recent date on the claim form for service of the PI won't the judge question it?

Thanks for any assistance.

kmmr

I think you say 'no deposit held' or something like that. Don't sent PI when there is no deposit held.

chelle_belle

kmmr wrote: »

To be fair it's not all that straightforward, and unlike many posters the OP is not ranting at the unfairness of it all! I missed out the need to send prescribed information with my first tenancy, I was just lucky enough to have nice tenants who left off their own bat when they wanted.

Thank you

G_M

chelle_belle wrote: »

This is why i posted a Section 21 (4)(a):

Section 21 notices served during a periodic tenancy

Once the fixed term of the tenancy ends, unless a new fixed term is agreed upon a tenancy automatically becomes what is called a statutory periodic tenancy which rolls from week to week or month to month depending on how often rent is paid.

The procedure for serving notice under section 21 of the Housing Act 1988 is slightly different in the case of statutory periodic tenancies.

..........

To the OP, and others who have advised on dates for his S21: READ THE LINK I PROVIDED.

[FONT=&quot]The law relating to how LLs give notice has been clarified by a Court of Appeal ruling ([/FONT][FONT=&quot][FONT=&quot]Spencer V Taylor[/FONT] )[/FONT]
[FONT=&quot]a) in nearly all cases a S21(1)(b) may be used[/FONT]
[FONT=&quot]b) 2 calender months notice can thus be given [/FONT][FONT=&quot][FONT=&quot]for Statutory Periodic Tenacies[/FONT], not 2 'Tenancy Periods' as used to be generally believed .[/FONT]
[FONT=&quot]c) Notice by a tenant is unaffected
[/FONT]
As previously advised:

* return the deposit or any S21 will be invalid due to lack of Prescribed Information (+ failure to re-register/re-issue PI at start of SPT)
* issue a S21 (1)(b) + 2 calender months
* apply to court


Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Yorkie1

Ta, G_M. Old habits die hard late on a Friday night...