Problem tenant

Apathy

Hi guys, I have read up on the ending a AST agreement threads and also numerous other website on section 21 and it seems that there's a lot of conflicting information around.


I have a fixed term assured shorthold tenant that started an agreement on 14th march 2011 and ends on the 14 august 2011 as a 6 month agreement with the previous landlord. It is now a periodic tenancy. (bought property in December 2014) So would the last date of the notice if served for example today on (10th may 2015) be for 13th July 2015 or the 14th of July 2015 for a section 21 notice to be valid? Also does it matter the date of notice if the rent is paid on the 1st Friday of every month ( i.e. every 4 weeks - 7th April 2015, 1st May 2015) rather than between the 14th to the following month?





I've also had a recent letter from Halifax dated 7th May 2015.


"We're writing to let you know that we have been contacted by RBS. They have advised us that they have £351 to your account by mistake, on 7/4/15 and 1/5/2015 twice.


In order that we can rerun the money to them, can you please sign and date where indicated below and return this letter in the enclosed pre paid envelope"




And has anyone ever heard of the tenant requesting their bank to recover 2 months (April and May 2015) rent back (bank letter dated 7/5/15) by writing to my bank as they said on the letter it was a mistake? The tenant certainly hasn’t made me aware of this nor given me notice she wants to leave so I believe I should just ignore my bank and this is just normal rent she’s paid since February 2015?


She is a paying tenant of mine and the only way I can think of the new claw backs by banks if it was intended for the wrong bank account or by mistake, so I don't need to pay her back right otherwise she will be in arrears? I think the tenant is trying it on, and she is making it very hard to contact her.


Thanks for anybody's input.

theartfullodger

Apathy wrote: »

....
I have a fixed term assured shorthold tenant that started an agreement on 14th march 2011 and ends on the 14 august 2011 as a 6 month agreement with the previous landlord. It is now a periodic tenancy........

That sounds like a 5 month 1 day fixed term.... A 6 month tenancy starting 14/03 would end 13/09. Your periods will be from 15th to 14th - if what you said was correct - was it ?? (If so, what else did the previous landlord get wrong..??)

Apathy

Yeah you've brought up an interesting point:


This is the actually the worded text in the tenancy agreement:


"The tenancy shall be for a fixed term (the term) from and including the 14th day of March 2011 the commencement date to the 14th August 2011, a period of 6 months, to which the landlord or agents can terminate your tenancy agreement any time within that period, or we may extend your tenancy if you so desire from the 14th August 2011 providing you have not broken any of the tenancy agreement, or any mis-use of these premises. Monthly checks with be carried out on these premises."


So would the notice period if served today be the 14th or 15th of July 2015? and if so what is the last day this month I can serve it without dragging into another month please?


Thanks.

fairy_lights

Are you sure that the money paid in to your account by mistake came from the tenant and not someone else? I don't see how the tenant could claim that rent for a period they were living in the flat was paid in error, or why the bank would get involved.

giddypenguin

Unless it was a bank error and for some reason the SO went out twice - did that happen?

Apathy

fairy_lights wrote: »

Are you sure that the money paid in to your account by mistake came from the tenant and not someone else? I don't see how the tenant could claim that rent for a period they were living in the flat was paid in error, or why the bank would get involved.

100% by tenant, so not sure how bank is getting involved either? Unless she lied and said this payment was sent in error and was never taken before (which is clearly has) and no it wasn't paid twice as it is suppose to be paid every month and was only deducted correctly.

G_M

This is really very simple.

1) the dates of the periodic tenancy do not matter.

You serve a S21 (1)(b) giving 2 calender months before the expiry date of the notice. The case of Spencer V Taylor made it clear that a S21 (1)(b) can be served in a fixed term, or periodic, tenancy.

2) You check your tenancy rent account.
If you have received more rent payments than were due, and the tenant claims an error resulted in an equivelant overpayment, you return the overpaid rent. If the payments you have received equal the rent due, you decline any refund.

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Apathy

Ahh so i wouldn't even need to specify a date or even a save clause as this is essentially it? And also does this mean I can serve it on any date for 2 calender months notice or is it still before the tenancy periods? (I may have answered my own question there lol)

Thanks.

Guest101

Have you spoken to the tenant?

Once the s.21 expires, it would be beneficial to you for the tenant to move out obviously. Rather than make you go to court, which is where the friendlier approach will help you.

G_M

Apathy wrote: »

Ahh so i wouldn't even need to specify a date or even a save clause as this is essentially it? And also does this mean I can serve it on any date for 2 calender months notice or is it still before the tenancy periods? (I may have answered my own question there lol)

Thanks.

If you look at a sample S21 anywhere on the internet, or via the link I provided, you'll see that yes, you DO need to specify a date.

As explained, it must be at least 2 calender months from date of service.

No, you don't need a save clause since it does not need to align to the tenancy period.

Apathy

G_M wrote: »

If you look at a sample S21 anywhere on the internet, or via the link I provided, you'll see that yes, you DO need to specify a date.

As explained, it must be at least 2 calender months from date of service.

No, you don't need a save clause since it does not need to align to the tenancy period.

Ok thanks. Now if I was to serve it tomorrow (12th May 2015)




I would serve it as:


The notice said that Mr (myself) required possession of the dwelling house, giving its address and then continued


Date of Expiry:


(a) on or after: 14 July 2015


"Or (b) at the end of your period of tenancy which will end next after the expiration of two months from the service upon you of this notice."






Signed....... Date 12 May 2015




Also I wrote a personal letter to the tenant in December 2014, just after took over as the landlord stating I had purchased said property and to send standing orders my way with my address and contact details there of which the tenant has replied to it. I don't need to serve a Section 48 do I for the Section 21 to be valid right? Also the tenancy agreement is in the previous landlord's name, but I understand I've just been put into 'his shoes' so to speak without getting the tenant to resign anything since I purchased the property.


Also 1st class delivery post (proof of postage) by 2 different post offices tomorrow should suffice for these dates I've given right?


I'm assuming there's not much to go wrong here providing I have the tenancy deposit protect (and prescribed), LL insurance, EPC, tenancy agreement signed etc. Is there anyway a Section 21 can be countered really?


Anybody's input on any of these points would be much appreciated.


Thanks.