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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5431
Experience:  Solicitor
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Is there any penalty if i receive any order from the

Customer Question

is there any penalty if i receive any order from the council?
my tenant want the kitchen unit to be replaced to new one.
Submitted: 17 days ago.
Category: Property Law
Expert:  Jamie-Law replied 16 days ago.

Hello my name is ***** ***** I will help you with this.

Can you please explain your situation a little more?

Customer: replied 3 days ago.
Thank you for your message.
I just want to change my question,
could I ask compensation to my tenant if I lost a flat which i want to buy, because the tenant kept refusing our access, so we could not show the flat for potential buyers.
Expert:  Jamie-Law replied 3 days ago.

Does the tenancy agreement have a right to access in it for potential buyers?

Customer: replied 3 days ago.
no, it does not mention, but it should be implied clause?
Expert:  Jamie-Law replied 3 days ago.

Sadly not.

The Housing Act does not imply such a clause. If you wanted access for this purpose then it should have been in the tenancy agreement.

If not, then you can't sue the tenant for breach of contract.

If it had been, you could have sued for breach of contract.

I am sorry if this is not the answer you want, nor 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?

Customer: replied 3 days ago.
If based on our agreement, which i attach here, can I ask the tenant to move out giving 6 week notice?
Expert:  Jamie-Law replied 3 days ago.

No. The law says you must give 2 months notice.

It must also be in the prescribed format:

https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

Does that clarify?

Customer: replied 3 days ago.
could you check the attachment, can I get rid of them by the notice, which i attach here?
Expert:  Jamie-Law replied 3 days ago.

I can check this, but its not included with the price of the question. I already checked the tenancy agreement, which was also not included.

I can put an offer on to check the document for you.

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 3 days ago.
i have accepted your offer.
Customer: replied 3 days ago.
can i have your answer?
Expert:  Jamie-Law replied 3 days ago.

When does the tenant pay rent? When is the fixed date?

Customer: replied 2 days ago.
They pay end of every month, what do you mean the fixed date? you can see from the document which i attached here, the commencing date was 10 september 2011. so i have to wait until 10 september 2018?
Expert:  Jamie-Law replied 2 day ago.

Its not an annual contract, so dont worry about that.

If they pay 10th, then your S.21 notice is INVALID.

Its 2 months notice from the date they pay every month.

So you can serve notice on 25th October 2017, but it takes effect from the next billing period, so 10th November. They then have to be out by 10th January.

Your notice is wrong, so you need to reserve it.

If you serve notice, then its takes effect from 10th December. They then have to be out by 10th February.

Does that clarify?

Customer: replied 22 hours ago.
The notice was already served in October, so i can ask the tenant to leave by 10 January?
why should I serve from the beginning?
Expert:  Jamie-Law replied 22 hours ago.

It’s not valid. You haven’t put the correct dates on.

You need to give two months notice which takes effect from next billing period,

This notice is served 25/10, it can not, by law, take effect until 10/11 which is when they pay their rent.

Your notice is invalid.