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Serving S21,Tenancy Deposit rules and Sword of Damocles
Comments
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Guy_Montag wrote: »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.
That is a very good point. In February 1997 the law changed to protect the LL from a sitting tenant. From Feb 1997, it is now assumed to be a shorthold tenancy, unless there is paperwork to suggest otherwise. Was this law ever overridden?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 -
""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"
exactly moneypenny
i have never had any of my tenants worry about the Section 21 notice - none has ever mentioned it to me, nor needed me to invoke it.
if you treat people and property with respect, and communicate with each other, none of this is worth a hill of beans and not worth all the time we are all devoting to it !!
i'm off out for lunch !!0 -
It would make an interesting argument. I think you would need a really good barrister. As it stands the law says the agreement goes periodic and the S21 is open ended. I think you would have to prove that the landlord has agreed to a new implied AST as opposed to thinking that the old one has gone periodic, which I would suggest would be very difficult.Guy_Montag wrote: »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.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 -
""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"
exactly moneypenny
i have never had any of my tenants worry about the Section 21 notice - none has ever mentioned it to me, nor needed me to invoke it.
if you treat people and property with respect, and communicate with each other, none of this is worth a hill of beans and not worth all the time we are all devoting to it !!
i'm off out for lunch !!
They are probably "blissfully unaware" that they signed one and have therefore never mentioned it to you :rolleyes:0 -
MissMoneypenny wrote: »That is a very good point. In February 1997 the law changed to protect the LL from a sitting tenant. From Feb 1997, it is now assumed to be a shorthold tenancy, unless there is paperwork to suggest otherwise. Was this law ever overridden?
Just correcting myself. I think it is assumed to be shorthold assured tenancy (with a minimum of 6 months).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 -
exactly moneypenny
i have never had any of my tenants worry about the Section 21 notice - none has ever mentioned it to me, nor needed me to invoke it.
if you treat people and property with respect, and communicate with each other, none of this is worth a hill of beans and not worth all the time we are all devoting to it !!
i'm off out for lunch !!
I think I might wonder what the LL was like if they served a S21 at the start of a fixed term contract, as I would assume they wouldn't trust themselves to be able to remember to serve it 2 months before the end of the fixed term. Would they also forget to get repairs carried out on the house? Sorry Clutton, but I think it would have to be a very special property for me to want use that LL.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 -
MissMoneypenny wrote: »I think I might wonder what the LL was like if they served a S21 at the start of a fixed term contract, as I would assume they wouldn't trust themselves to be able to remember to serve it 2 months before the end of the fixed term. Would they also forget to get repairs carried out on the house? Sorry Clutton, but I think it would have to be a very special property for me to want use that LL.
"Spot-on" .......... MissMoneypenny! :T0 -
i give my new tenants the AST including the Section 21 to read 2-3 days ahead of them signing it. If they have not read it that's not my fault. And when we do sign it - i go thru it with them section by section - so no, coal, they are not blissfully unaware.
moneypenny - how surprised i am at your comment - because i issue a Section 21 - i dont do repairs ???? where is the logic in that ?????
All my properties are special, as am i, i would live in any of my own properties and would be proud to do so.
AND i will continue to issue Section 21s as a measure of protection against a possible fraudulent tenant.0 -
Surely if you give them an s21 prior to them signing the contract, that's the same as serving it prior to the tenancy beginning & therefore it's invalid."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 -
you just can't win on this forum
""i give my new tenants the AST including the Section 21 to read 2-3 days ahead of them signing it""
so that they have time to read it ahead of time so that they know what they are going to sign and can ask me questions when we do sign it0
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