Notice period on tenancy

G_M

GDB2222 wrote: »

If I summarise that:

A tenant can end a monthly SPT by giving at least 1 months notice in writing ending on the last (or 1st day - Crate v Miller 1947) of a Tenancy Period sent to the address "for serving notices".
Yes. Assuming
1) it s a monthly periodic
2) it is a SPT and not a CPT.

So, as the tenancy period is monthly starting on 24th of each month,
Based on when rent is paid, when rent is due, or when the tenancy originally commenced?
the notice given by the tenant should have expired on 23rd/24th January.
Probably correct, provided the notice was correctly served. Does the tenancyy agreement state service by email is acceptable?

It didn't. It stated that the tenant is moving out and ending the tenancy on 2 January, which raised the question who is liable for the CT during that 3 week period?
Subject to all the assumptions above, the tenancy will either end:

* on 23rd Jan, leaving the tenant liable for rent and utilities and othe tenant obligations till then (but not CT - see previous post), or
* on 2nd Jan if you agree, leaving you liable for everything thereafter

What I was unclear about is whether the S21 notice affected that at all - thanks for the answer.

S21 is irrelevant since you chose not to take it further.

You therefore have a choice between

* politely explaining & enforcing your legal rights, or
* having a friendly chat (over tea and cake?) with the tenants to discuss your respective wishes, concerns and needs, together with the legal rights involved, and reaching some amicable compromise.

GDB2222

G_M wrote: »

S21 is irrelevant since you chose not to take it further.

You therefore have a choice between

* politely explaining & enforcing your legal rights, or
* having a friendly chat (over tea and cake?) with the tenants to discuss your respective wishes, concerns and needs, together with the legal rights involved, and reaching some amicable compromise.

Thanks for all that. My wish is indeed to have a friendly chat to resolve the issue. However, I needed to know the legal position first. The tenant was in arrears with the rent, which is why I served the S21 notice in the first place. I then relented when she said she couldn't find anywhere else. Now, it seems she has. :j

I am not sure why I am being cast as Scrooge in all this. The tenant deliberately chose to be awkward by giving almost no notice. The natural reaction is to be awkward back again, but I'll probably have calmed down again by the morning and the normal laid-back service will be restored.

G_M

Is the tenant still in arrears and if so by how much?

And how much is the deposit? Enough to cover
* the arrears?
*and any further unpaid rent (eg if tenant leaves without proper notice)?
* and any damage?

Red-Squirrel_2

GDB2222 wrote: »

The tenant deliberately chose to be awkward by giving almost no notice.

You don't know that at all! The tenant may have thought they were doing you a favour getting out quickly, as you clearly wanted them out when you issued the S21!

GDB2222

G_M wrote: »

Is the tenant still in arrears and if so by how much?

And how much is the deposit? Enough to cover
* the arrears?
*and any further unpaid rent (eg if tenant leaves without proper notice)?
* and any damage?

She missed a month's rent and refuses to/can't catch up. I got fed up with the discussion, which is why I issued the S21.

The latest rental, she's just paid half and told me to take the balance out of the deposit.

The funny part about it is that her ex-boyfriend's dad guaranteed the rent, etc. So, not only is she creating trouble for me, but she's doing the same for ex-. I'm sure it's all intentional.

G_M

Smart. She owes narly, but not quite, 2 month's rent.

S8 Ground 8 not valid at this point. Though ground 10 might work.

All moot though as she's leaving anyway!

franklee

GDB2222 wrote: »

Does it make any difference that I served a S21 notice that expired at the end of September? The tenant then said she could not find anywhere, so I agreed she could stay on. At least, I took no steps to apply for a court order to evict her.

Which leaves the S21 hanging over her head and you free to apply to court anytime you want. Therefore I'm not surprised she has arranged to move as soon as she could so as to avoid the possibility you take her to court to get a possession order.

Would you be happy defending making her leaving difficult on the one hand while holding a presumably valid S21 in the other?

If she can't afford to keep both properties during the overlap then she could let the new property go and stick with you and then you would have to seek a possession order while rent arrears could mount again.

Quite frankly would you rather she stayed? It seems to me ending the tenancy in a mutually agreed manner sooner rather than later is best for you both.

Margot123

The amount she owes you is tiny by comparison to the amount you have received from her.
All you are doing is speculating that she is doing things intentionally. Put yourself in her shoes; the place has been her HOME for 6 years and she is having to move!

Having my own experience of awful tenants (and the stress and considerable expense that goes with them), I'm quite jealous of you OP.

silvercar

The amount she owes you is tiny by comparison to the amount you have received from her.

That is a ridiculous argument. For her money she has had a home for 6 years.

GDB2222

franklee wrote: »

Which leaves the S21 hanging over her head and you free to apply to court anytime you want. Therefore I'm not surprised she has arranged to move as soon as she could so as to avoid the possibility you take her to court to get a possession order.

Would you be happy defending making her leaving difficult on the one hand while holding a presumably valid S21 in the other?

If she can't afford to keep both properties during the overlap then she could let the new property go and stick with you and then you would have to seek a possession order while rent arrears could mount again.

Quite frankly would you rather she stayed? It seems to me ending the tenancy in a mutually agreed manner sooner rather than later is best for you both.

I'm pleased she's leaving, as she's become disenchanted with the place. I'm also delighted she's found a new place to move to.

My annoyance is that she's chosen to give only two weeks notice, when she could easily have given four. The point is that it usually takes around two weeks from agreeing a new tenancy to actually signing up. She could have told me she was probably leaving at the start of that period. That would have given me an extra two weeks notice, without any cost to her at all.