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Serving S21,Tenancy Deposit rules and Sword of Damocles
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You might forget, it's not like it's your business or anything :rolleyes:MissMoneypenny wrote: »Why issue it on day 1 of a fixed term contract, when you could just issue it 2 months before the end of the fixed term?
You would need the tenant to sign a new contract before the end of the current tenancy, or alternatively, revoke (in writing) the S21.How does it work if your tenant decides to stay in your property on another fixed term of say 6 months? Do you have to withdraw the S21 you have served?"Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
yes moneypenny you are right - but how many tenants have the fortitude of eagerlearner against a determinedly abusive landlord ?
Perhaps all tenants should realise how important it is to have contents insurance with legal cover. That way, you can get a solicitor to do all the work for you for just the cost of the excess of your policy:D LLs and LA have to give the LLs address now or get prosecuted by their council, so that legal loophole has been closed now.
The main problem is knowing your legal rights, but that is where sites like this one comes into its own. Plus shelter and OFT are great too:DRENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
MissMoneypenny wrote: »Why issue it on day 1 of a fixed term contract, when you could just issue it 2 months before the end of the fixed term?
How does it work if your tenant decides to stay in your property on another fixed term of say 6 months? Do you have to withdraw the S21 you have served?
That's the whole point MissMoneypenny! ............. why issue it at the start?
What sort of a relationship is that going to "cultivate" between the landlord and tenant if the LL - in effect - is giving the tenant Notice to leave at the start of the tenancy!!!0 -
""LLs and LA have to give the LLs address now or get prosecuted by their council, so that legal loophole has been closed now.""
Hi moneypenny - please tell me more about this ? i had assumed this was only in relation to Licensing under the 2004 Act with regard to HMOs or selective licensed areas......
One of the houses i manage a new owner does not want me to give out his address and i need to know which piece of legislation you are referring to.
many thanks
Coal - i have great relationships with my tenants - i have only ever had to ask one to leave, and only ever had one tenant leave without giving me notice - in 7 years. i must be doing something right !0 -
Guy_Montag wrote: »You might forget, it's not like it's your business or anything :rolleyes:
You would need the tenant to sign a new contract before the end of the current tenancy, or alternatively, revoke (in writing) the S21.
I did wonder if it had to be in writing. ThanksRENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
i would have assumed the new AST would have made the old one invalid, together with any Notices included in it.0
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One of the houses i manage a new owner does not want me to give out his address and i need to know which piece of legislation you are referring to.
many thanks
"All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.
Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.
Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants and can even prosecute the person who does not provide this information."
http://england.shelter.org.uk/advice/advice-3181.cfmRENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
The cynical landlord answer is that you get acknowledgement of receipt of the S21 "at the start" because the tenant is desperate to get the property signed up at that point and will be willing to acknowledge receipt of the S21. One of the biggest problems in getting unwanted tenants out, especially those who know how to "play the system" is proof of service of the S21. "I never received it" is the common first defence to eviction proceedings.That's the whole point MissMoneypenny! ............. why issue it at the start?
There's no de facto about it. The law says it goes periodic. It would make an interesting test case if you were to argue it but the tenant is still obliged to pay rent during the time they are resident up to the point of eviction. Equally the landlord could have genuine reasons why they have not immediately acted on the S21 to evict the tenant. This is why the "use it or lose it" approach is considered fairer. The landlord would have a period of time in which to start possession proceedings after which the S21 would lapse.Guy_Montag wrote: »Could continued receipt of rent not be considered willingness to let you stay. Perhaps not a month or two, but after three months if no approach had been made to the tenant I would claim that we had entered into a de facto periodic tenancy.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
BobProperty wrote: »There's no de facto about it. The law says it goes periodic. It would make an interesting test case if you were to argue it but the tenant is still obliged to pay rent during the time they are resident up to the point of eviction. Equally the landlord could have genuine reasons why they have not immediately acted on the S21 to evict the tenant. This is why the "use it or lose it" approach is considered fairer. The landlord would have a period of time in which to start possession proceedings after which the S21 would lapse.
I am actually suggesting that it doesn't become periodic, but instead becomes an new AST. Since the old one is dissolved by the S21 & you don't need a contract for an AST to be in effect (I believe circumstances that appear to be a tenancy will be viewed by the courts as a tenancy whether or not there is any paperwork), then I would claim that I am living under a new AST from the time that the last one expired."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
That's the whole point MissMoneypenny! ............. why issue it at the start?
What sort of a relationship is that going to "cultivate" between the landlord and tenant if the LL - in effect - is giving the tenant Notice to leave at the start of the tenancy!!!
Probably one where the tenant will treat the LL and their property with the respect they deserve ie Do unto others as they have done unto you.
Just thiking on....an S21 is served at the start of 2 months contract or before the end of a fixed term but the LL wants to keep the tenant. They have served an S21 but then ask the tenant if they want to renew another contract, but the tenant now doesn't have to reply if they are intending to leave anyway. Wouldn't it be better to ask the tennant if they want to renew the contract before serving the S21? The S21 just might make the tenants mind up for them and the LL now has to find a new tenant who might not be as good as the one they have just lost and they might have the property standing empty for a couple of months. It doesn't seem a very good business idea to cause problems from the start.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0
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