Ask a Law Question, Get an Answer ASAP!
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
What type of tenancy did the new tenant sign please? Does it say an AST?
Same as second agreement assured short hold tenancy agreement, In term means I mentioned as below
Ok - its bad news then I am afraid.
An AST must be for a minimum for 6 months. By law it can't be shorter
This means if you renewed on 27th December 2013 then even if you give a section 21 notice you can't start possession proceedings until 27th June 2014
If you wanted a shorter agreement you could have had a clause in the agreement saying the rent for the first 4 weeks is £x a month and then doubles after this period
That would have given them an incentive to move out
But if they have signed an AST then you can't take possession proceedings until 6 months has elapsed.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
A tern of four weeks starting on the commencement date 16/12/2013, Tenant`s notice period means I mentioned No, Already given notice on October 2013, Please note: Due to Merton Council completion of Housing Benefit Paper works were delayed, Tenancy was extend for 4 weeks
Please see Section 20 of the Housing Act
Why did you not just leave it was a periodic tenancy?
So it was not renewed?
It was extended?
I read it that you signed again on 27th December but served a section 21 notice?
The Section 21 notice is valid even if you do not act on it
Unless you gave a new tenancy then the existing Section 21 is valid
You served a section 21 notice on 20th October 2013
You started an extended tenancy on 26th October 2013
You have given notice of 2 months
You can still issue possession proceedings notwithstanding the extension signed on 26th October 2013
This is because that simply extended the tenancy by 4 weeks.
However I would suggest that you issue proceedings using Form n5
I would not use the accelerated procedure in this case.
Merton council stopped pay the rent, they asked for tenancy agreement, so I send the 4weeks extention because my property was on market for sale, had offer, due delay of the vacate tenanant delay for exchange and completion
The Court will then list the matter for a hearing and decide whether to grant possession
Ok - it should have just ideally been left as periodic
But use the regular procedure not accelerated then any defects can be remedied
Please clarify how can I get help to follow court? do you think If I get help from where?
To follow Court?
You mean the procedure?
If so, go to your local County Court, ask for the forms for possession
They will give you the forms
You will them out, pay the court fee and the Court lists it for a hearing
The tenant is given a copy and may attend
Once at the hearing the Judge will decide whether to grant possession
If the Judge does he will give a date
If the tenant refuses to leave he can be evicted
Does that help?
do you think my side chance winning? sorry I was worried last 3months
Yes I think you should be ok
Many thanks for you advice help
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/