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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I let a 2 bed house in Luton on a six month Assured Shorthold

Customer Question

I let a 2 bed house in Luton on a six month Assured Shorthold tenancy agreement. Tenants are a married couple, both signed the agreement on 20th April 2015. The rent is £650 per month. A deposit of £650 was also paid and I placed it with the Deposit Protection Service who currently hold it. In July 2015 the tenants asked if they could move the rent pay date from the 20th of each month to what I think was the 28th of each month. I use the words I think as we either agreed it by text message or e-mail and I clearly didn't keep a copy of it. However the tenants did pay in to my bank account the agreed £800 to balance the rent, in line with the move date, the 28th July 2015. Since then they have been bad payers and they are in serious debt, although it should be said they have paid some money in a very random manner. On the telephone the husband told me he had separated from his wife who remains at my property. I decided enough was enough and served a notice requiring possession, Assured Shorthold Tenancy: Fixed term, Housing Act 1998 section 21 (1) (b) as amended by the housing act 19096. I signed it on the 16th December 2015. It states; Date of Expiry after 19th February 2016 or at the end of a period of your tenancy which will end after the expiry of 2 months from the service upon you of this notice.
My questions now are;
was I correct in serving a fixed term notice requiring possession? My logic is that the moving of the rental date in July 2015 effectively created a new fixed term tenancy agreement, hence I needed to serve section 21(1)(b) as opposed to a section 21 (4)(a) periodic tenancy. However if my logic is correct I got the period end date wrong when I used the 19th February 2016. I should have put the 27th February 2016. I have read however the words I added "or at the end of a period of your tenancy which will end after the expiry of 2 months from the service upon you of this notice" have been upheld in the High Court as adequate to cover this type of date error, hence making my notice still legal. Am I correct? If I'm not correct what must I do? It should be noted I wish to evict on the no fault route as opposed to evicting because of rent arrears. I served the notice in both names as this couple has separated in the past and then got back together again and I believe they are both technically tenants until they fully give up the vacant possession of the property.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you ever formally alter the tenancy or was it just the date of payment that changed?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
***********
Expert:  Ash replied 1 year ago.
I will call shortly.
Alex
Expert:  Ash replied 1 year ago.
I tried calling, it went to voicemail and was for someone from a funeral directors?
Alex
Customer: replied 1 year ago.
Alex I was on the phone when you called hence it went over to voice mail and yes I am an Undertaker. Please phone me again in the morning after 9am. Thanks. *********** Peter
Expert:  Ash replied 1 year ago.
Ok.
Alex

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