Standard tenancy agreement
Morning, I drifted to sleep yester night. Yes, that's the title
It ended, sometime in September but with the section 21 notice, it dragged until end of Oct
Not that we couldn't evict them per se but that the law mostly favours the tenants and we (my husband & I) will be have to be out of pocket to get them out and we can't pass this cost on to the tenant which we think is totally unfair, especially when they already owe so much rent. This could all be hearsay, but we needed to confirm from the experts. Also, the council got involved bcos the tenants had been claiming housing benefit but paying nothing to us, so the council officer told us to be careful in the way we handled them bcos we couldn't just evict them
No, we didn't
No, it wasn't because the tenant didn't pay the full deposit when they moved in
Yes, they paid some but not the full deposit because we fell for the sub story that he only had part and he would make good on the rest, which he never did
apologies for the delay in my responses, I am at work. Thanks
He paid a month's rent and half the deposit upfront
We already served the section 21 in Aug, are you saying this is nullified? Also, does this mean the tenant continues to occupy the property, rent-free, until the court gets to the point of making a decision, which is indefinite?
Thanks but I can't tell you how sad this whole mess sounds. No wonder the general belief was that we CANNOT evict them. It's really disheartening to find out that the law of the land we pay our taxes to favours the criminals and cheats while also teaching us to be cold hearted and self absorbed. Simply, if we hadn't exhibited any human kindness towards them, the cheat would have had to stay on the streets with his wife and tiny baby, for as long as it took to get the full deposit. I am truly ashamed to be a citizen of this country where the hardworking are the ones who get bashed and the lazy ones just get a free ride. He's not even being challenged for claiming housing benefit and not paying anything to us, rather, we are the ones in a lose-lose situation while he laughs at us. This can only happen in the UK!!
Thanks. I'll discuss with my husband and come back to you if we have any queries. Also, from experience, do you have any indication of what a procedure like this will cost and what the average turnaround time is, by the courts?
So, where does this article fit into what u've adviced? It states:
A 'Section 21 Notice to Quit', so called because it operates under section 21 of the Housing Act 1988, is the notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST). The landlord is able to issue the tenant with a section 21 notice without giving any reason for ending the tenancy agreement.
So, if s21 allows us to regain access to our property without giving the reason why and we already gave the expected 2-month notice, how can that be void at this point?
I'm afraid that you cannot now serve a s21 notice if you haven't secured the deposit. That will mean that you cannot bring the tenancy to an end.
There is only one way around that now and that is to return the deposit in full to the tenant, serve a s21 notice then and then seek possession at court. You need to resolve this deposit issue first.
Morning, trust you had a restful night. I'll like to inform you that there's been a twist to the the scenario presented to you yesterday. When I discussed it with my husband, it came to my attention that although the tenant appealed to us to take the 50% deposit, which we agreed to, he never actually made any payments to us until after he'd moved in and that was for his 1st month's rent which he ended up paying over 2 days. No other money was credited to our account. He moved in in Mar and the 1st payment we received from him was in Apr, after several calls. He told us his child was terribly ill and he needed to move out of his former accommodation, so, being parents ourselves, we allowed our emotions to cloud our judgement and we went about the deal in an unconventional way. Now, we're being burnt. So, with this new info, where does that leave us now pls?
Hi, are you likely to respond to my question pls?
I'll cancel the question. I would have expected her to extend the courtesy of letting me know she couldn't answer. Thanks