Help Section 21 notice and woes

imcarm

We are looking but the credit check which is £30 - £40 each is a fair amount to lose when you already know the outcome.. So we are limited to private Landlords or the local council..

subjecttocontract

Letting property successfully is more about minimising risk than anything else. I wouldn't let a property to a bankrupt because it would increase my risk of having a problem.

Nobody has to become a bankrupt.....you have to work real hard to achieve that status. Unfortunately it comes with a few drawbacks and if your partners hasn't discovered them all yet he probably will in the coming months.

No amount of rent in advance, gaurantors or promises would persuade me to let a property to a bankrupt when the market is full of tenants who can tick all of the boxes.

Nearly_Legal

Lavendyr wrote: »

No offence intended at all, but you said that your partner is declared bankrupt, which regardless of your own credit history will make it more difficult for you to get another tenancy than someone who does not have a bankrupt partner.

Either way, whether you can stay till 23rd Feb or 6th March, you definitely need to start looking for a new place. ASTs are unfortunately very lacking in security of tenure.

As others have pointed out, it doesn't look like a valid s.21 notice has been served at all - although obviously I'd want to see the documents. If this is so, then neither 23rd Feb nor 6th March are dates to leave. Until a valid s.21 notice has been served there is no end date. And even then, there is no requirement to actually leave until possession proceedings have been successfully brought, but that is probably more than the OP wants to go through.

Lavendyr

Still though, ultimately the landlord wants the OP out, for whatever reason that may be, so whether OP gains 1 month or 6 months, personally I'd still want to be out of the situation.

kj*daisy

Don't know if you want to, but as you have a child and are being turfed out through no fault of your own, you would be entitled to assistance as homeless from the Local Authority. Hope it all goes OK for you, it must be upsetting when you thought you could stay there.

MissMoneypenny

speedtwin wrote: »

I am now going to throw a spanner in the works concerning section 21. If the rent in the contract is payable monthly (as it normally is) but you except six months up front it alters the nature of the original contract and if you wanted to serve a section 21 at the end of the tenancy period it would have to be dated six months in advance.

Now before you start jumping up and down shouting rubbish

This situation is backed up by recent case law, CHURCH COMMISSIONERS V MEYA (2006)

The approach adopted in the county courts under section 5(3)(d) of the housing act 1988 was that if the rent under thefixed term tenancy was payable weekly the tenancy arising at the end of the fixed term would be a weekly tenancy, but if the rent was paid monthly the periods would be monthly and so on.

But of course this depends if the judge knows the law

An interesting read, thanks.

Another spanner in the works for the LL with a S21 would be what you pointed out in this thread;)
http://forums.moneysavingexpert.com/showthread.html?t=675601

Trollfever

This is not advice!

If a landlord and a letting agent had annoyed me, I would wait until a court date for the eviction hearing had been allocated and then move out one week before the court date. I the meantime I would have arranged storage for my belongings and booked into a Travelodge.

speedtwin

I think the way round it is to state in the contract the first 5 months up front and then monthly there after otherwise you could have a scenario of no rental income for 6 months and not obtaining possession of the property without giving 6 months notice

PasturesNew

speedtwin wrote: »

I am now going to throw a spanner in the works concerning section 21. If the rent in the contract is payable monthly (as it normally is) but you except six months up front it alters the nature of the original contract and if you wanted to serve a section 21 at the end of the tenancy period it would have to be dated six months in advance.

Now before you start jumping up and down shouting rubbish

This situation is backed up by recent case law, CHURCH COMMISSIONERS V MEYA (2006)

The approach adopted in the county courts under section 5(3)(d) of the housing act 1988 was that if the rent under thefixed term tenancy was payable weekly the tenancy arising at the end of the fixed term would be a weekly tenancy, but if the rent was paid monthly the periods would be monthly and so on.

But of course this depends if the judge knows the law

Here's a more detailed account: http://nt4992.vs.netbenefit.com/articles/viewarticle.asp?articleid=1622

I did wonder if you'd have to keep paying 6 months up front though for this to apply. As you would have paid the first 6 months up front, whether it is necessary to keep doing this.

MissMoneypenny

speedtwin wrote: »

I think the way round it is to state in the contract the first 5 months up front and then monthly there after otherwise you could have a scenario of no rental income for 6 months and not obtaining possession of the property without giving 6 months notice

Would that still let a LL issue a S21 at four months into a 6 months contract, as when the S21 was served at 4 months into the contract, the last payment would have been for 5 months?