Section 21 - When does a tenancy end?

RudolphHucker

Hello,

I have been granted a possession order (Section 21), but the tenant has not moved by the due date, has failed to pay court costs, and is now not paying rent.

I have applied for a Warrant to evict and am waiting for bailiffs to be appointed.

When does the tenancy end? 

I have seen some posts stating the tenancy remains in place until bailiffs enforce the possession order (evict the tenant), but have also read that the tenancy ends when the possession order is granted.

Does anyone know which is correct?

fatbelly

Are you asking this in relation to when the tenant ceases to be liable to pay rent? I would say that is when the tenant is evicted.

RudolphHucker

I'm trying to clarify when the tenancy ends.

My understanding is:

• Whist the tenancy is in place, I have to respond as landord to deal with repairs etc, and the tenant is liable for rent, including rent increases in accordance with the tenancy agreement.

• Once the tenancy ends, the tenant becomes a trespasser and I can claim mesne profits, not rent. Do I then still have to respond if the trespasser reports faults? Do I have to give notice if I want to inspect the property? Are tenant rights to peaceful occupation removed?
  

theartfullodger

Easy.  As stated in Thatcher's,1988 Housing Act S5
https://www.legislation.gov.uk/ukpga/1988/50/section/5

tenancy doesn't end until Possession order then "execution" thereof (Bailiffs/HCEO...). Only 35+ years...

Patience... 

Don't agree with an awful lot of Thatcher's stuff, but I do with that.

What education in being a landlord and/or landlord/tenant law please?

best wishes to all 

RudolphHucker

Many thanks artful, that was my understanding.

I got the possession order, but also issued a Section 13 rent increase notice after the tenant failed to pay court costs as instructed. I suspected she'd not leave, and I was right.

I've just got a date when the bailiffs will attend (June 6) and will have to pursue unpaid rent as the tenant has stopped paying altogether. She gets Housing Benefits, but says she's been "instructed" not to pay rent until she gets evicted.

theartfullodger

tenant has every right not to leave until bailiffs - just as you have every right to serve s21.  Both rights from 1988 Housing Act.

Doesn't matter if she's been so instructed  (which I doubt) it's her responsibility to get rent paid, not council 

silvercar

RudolphHucker said:

Many thanks artful, that was my understanding.

I got the possession order, but also issued a Section 13 rent increase notice after the tenant failed to pay court costs as instructed. I suspected she'd not leave, and I was right.

I've just got a date when the bailiffs will attend (June 6) and will have to pursue unpaid rent as the tenant has stopped paying altogether. She gets Housing Benefits, but says she's been "instructed" not to pay rent until she gets evicted.

Instructed by who? I can’t see the council paying housing benefit and saying don’t pay your rent! No harm in asking the council if they will pay you direct, given the arrears.

https://www.gov.uk/government/publications/universal-credit-landlord-request-for-a-managed-payment-or-rent-arrears-deduction

RAS

RudolphHucker said:

I've just got a date when the bailiffs will attend (June 6) and will have to pursue unpaid rent as the tenant has stopped paying altogether. She gets Housing Benefits, but says she's been "instructed" not to pay rent until she gets evicted.

Can't see anyone in the Council advising her not to pay rent but she may be struggling to put together a deposit and rent for a new property.

Did she pay a deposit and does your agreement allow you to deduct arrears from it?

RudolphHucker

The deposit doesn't cover the arrears (deposit is limited to 5 weeks rent), but I will be keeping it.

My guess is that's she's waiting for the eviction so the council will rehouse her.

At one stage her HB was being topped up to pay 100% of rent and she still didn't bother paying it all.

The council won't pay direct until the tenant is 2 months in arrears, so regular  underpayments can go on for extended periods.

YoungBlueEyes

(That's some name you've got there ) 

AskAsk

I feel for you OP.  This is why people on benefits find it difficult to rent because of people like this putting landlords off.