How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi Please advice I rented the property to the tenant

Resolved Question:

Hi
Please advice



I rented the property to the tenant in the following manner



First Agreement- started on 26/10/2009 for 3 years

Second agreement-started on 26/10/2012 for 12 months

Served Section 21 notice on 20th of October 2013 to commence from 15th October to expire 15th of December 2013.

Third extended agreement-started 16/12/2013 for 4 weeks dated on 27/12/2013



I understand that the notice I served on the tenant may not a be valid as I have not given two clear months period because I have pre dated as 15th October and sent it only on 20th October .



It was a weekly tenancy. Rent was paid by the council four weekly. I should have counted the two months period from 26th October allowing approximately 9 weeks.



The other aspect is, I created a new tenancy for a period of one month during periodic tenancy .



The tenant told me that he is vacating on Sunday, 27th April and I was in contact with his new landlord. I now understand he declined to accept the room stating it is too small



What should I do to evict the tenant? I gave him more than 3 months to find an alternative accommodation. I do not know if I could commence any action under the Housing act 1988 as an assured short hold tenancy serving correct section 21 notice disregarding the one month tenancy?



Please let me have your comments
Praba
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.


 

Alex Watts :

What type of tenancy did the new tenant sign please? Does it say an AST?

Customer:

Same as second agreement assured short hold tenancy agreement, In term means I mentioned as below

Alex Watts :

Ok - its bad news then I am afraid.

Alex Watts :

An AST must be for a minimum for 6 months. By law it can't be shorter

Alex Watts :

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

Alex Watts :

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

Alex Watts :

That would have given them an incentive to move out

Alex Watts :

But if they have signed an AST then you can't take possession proceedings until 6 months has elapsed.

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Alex Watts :

Please see Section 20 of the Housing Act

Alex Watts :

http://www.legislation.gov.uk/ukpga/1988/50/contents

Alex Watts :

Why did you not just leave it was a periodic tenancy?

Alex Watts :

So it was not renewed?

Alex Watts :

It was extended?

Alex Watts :

I read it that you signed again on 27th December but served a section 21 notice?

Alex Watts :

The Section 21 notice is valid even if you do not act on it

Alex Watts :

Unless you gave a new tenancy then the existing Section 21 is valid

Alex Watts :

You served a section 21 notice on 20th October 2013

Alex Watts :

You started an extended tenancy on 26th October 2013

Alex Watts :

You have given notice of 2 months

Alex Watts :

You can still issue possession proceedings notwithstanding the extension signed on 26th October 2013

Alex Watts :

This is because that simply extended the tenancy by 4 weeks.

Alex Watts :

However I would suggest that you issue proceedings using Form n5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

I would not use the accelerated procedure in this case.

Customer:

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

Alex Watts :

The Court will then list the matter for a hearing and decide whether to grant possession

Alex Watts :

Ok - it should have just ideally been left as periodic

Alex Watts :

But use the regular procedure not accelerated then any defects can be remedied

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Please clarify how can I get help to follow court? do you think If I get help from where?

Alex Watts :

To follow Court?

Alex Watts :

You mean the procedure?

Alex Watts :

If so, go to your local County Court, ask for the forms for possession

Customer:

yes

Alex Watts :

They will give you the forms

Alex Watts :

You will them out, pay the court fee and the Court lists it for a hearing

Alex Watts :

The tenant is given a copy and may attend

Alex Watts :

Once at the hearing the Judge will decide whether to grant possession

Alex Watts :

If the Judge does he will give a date

Alex Watts :

If the tenant refuses to leave he can be evicted

Alex Watts :

Does that help?

Customer:

do you think my side chance winning? sorry I was worried last 3months

Alex Watts :

Yes I think you should be ok

Alex Watts :

Does that help?

Customer:

Many thanks for you advice help

Alex Watts :

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/

Ash and other Law Specialists are ready to help you