Problem tenant

Pixie5740

Have you actually spoken to the tenant about the arrears and recalled payments?

Since there's been a change of landlord is it possible that the tenant has made some kind of mix up about who should be receiving the rent?

G_M

Pixie5740 wrote: »

Have you actually spoken to the tenant about the arrears and recalled payments?

Since there's been a change of landlord is it possible that the tenant has made some kind of mix up about who should be receiving the rent?

This does sound likely.

I don't understand how you can serve it tomorrow since you are suggesting using 1st class post. If posted tomorrow that will mean service will be Thursday 14th. Yes, just inside your deadline, but always wise to have some leeway....

Not sure why you've included the save clause we discussed earlier.

All the rest seems fine.

Apathy

There's definitely no mistake about it. She's made 4 previous payments before that yet hasn't tried to recover that from me and obviously knows i'm here new landlord upom writing to her and of course no contact from old landlord.

Also you're right i'm thinking maybe 18th July 2015 then. And the reason i put the save clause because upon look at the article you posted of 'spencer v taylor' indicated that's what the landlord put there?

Apathy

Also i've noticed pretty much all templates include this below, just wondering this is personal reference of it needs to be included along with the Section 21 notice?

Notes


Notice must be served on a tenant of a dwelling-house (which here includes
part of a dwelling-house) let under an assured shorthold tenancy before
proceedings for possession can be brought under Section 21 of the Housing Act
1988.


The expiry of the notice cannot be earlier than:


where notice is given during, on or before the ending of a fixed term tenancy
the date when the fixed term ends:


or


where notice is given during the subsistence of a periodic tenancy, the date
which is the last day of a period of the tenancy and is date upon which (apart
from the security provided by Section 5(1) of the Act) the tenancy could be
brought to an end by a notice to quit given on the same date as this notice:


and


in either case not earlier than two months after the date when the notice is
given.


If the tenant or licensee does not leave the dwelling, the landlord or
licensor must get an order for possession from the court before the tenant or
licensee can lawfully be evicted. The landlord or licensor cannot apply for such
an order before the notice to quit or notice to determine has run out.


11..


22..


a)


b)


c)


A tenant or licensee who does not know if he has any right to remain in
possession after a notice to quit or a notice to determine runs out can obtain
advice from a solicitor. Help with all or part of the cost of legal advice and
assistance may be available under the legal aid scheme. He should also be able
to obtain information from a Citizens Advice Bureau, a Housing Aid Centre or a
Rent Officer.

Many thanks

jjlandlord

It does not need to be included. Personally I would not include it.

On a side note, you really should have done your homework before buying the property.

Apathy

Yeah i've learnt the hard way. And also my soliciter letting me down....

G_M

Apathy wrote: »

And the reason i put the save clause because upon look at the article you posted of 'spencer v taylor' indicated that's what the landlord put there?

Yes - in that case the landlord had included a save clause.

But the judges did not rely on it. The case hung on the question of whether the notice had to expire on the last day of the (in that case weekly) period. They ruled that it did not, provided 2 calender months had elapsed.

The save clause was therefore irrelevant.