Section 21 & statutory periodic tenancy..

[xenon1024]

Hi, I've browsed this site and learned a lot, and wish to confirm things before commiting to any actions. This is awesome knowledgebase, so would appreciate your input guys! Thx

Here is the situation (simplified). Sorry for the windage, I'll try to edit..

I am a landord and have in my hand an Assured Shorthold Tenancy Agreement (letting residential dwelling house). The fixed term tenancy began on 25 Sep 2007 and ended 24 Mar 2008. The section 21 notice was signed by the tenant on the 25 Sep 2007 (it states that Landlord require possession after 24 Mar 2008 ).

However in March, since both we (Landlord and Tenant) did nothing, I believe a Statutory Periodic Tenancy has arisin (orally agreed). I understand that the tenancy will be on the same basis as the original agreement, with all the same clauses and conditions being operative.

The rent is paid monthly.

My question is this: Do I the Landlord give One Month's notice to 'end' the periodic tenancy? Is the Section 21 notice that I have valid - or is it only valid for the Original Agreement, which is over? If it is valid can we boot them (using the legal procedures!)?

I don't want the Tenant in the property. Reason is mostly about clauses in the agreement that have been broken - about keeping house clean standard, damage etc etc but there never was an inventory (bah my fault). Anyway the fixed term is over!

What is even more difficult is, the Tenant is foreign and is out of the UK and won't be back until September. He has paid June rent, and wants a new contract (written) beginning in September. For July and August it was verbally agreed that I would hold the property for him, and he would have to pay no rent for the two months, apart from some utility costs (£100 pcm which he hasn't arranged to pay).

He has left his car in the driveway and the house is Littered with his belongings, so ideally it would be a case of him coming back in September to pack up and move along. We have no contact with him, but we do have a referee so it would not impossible to serve verbal notice by telephone 'now'.

And the deposit is a whole separate issue! Tenant isn't bothered about money, his employer is paying him costs and scholarship to study. I think this is why he doesn't care about upkeep of the property - it's not his money!

[MrShed]

I personally would not like to attempt possession based on your existing S21. In THEORY, it is valid - however, it needs to be issued unequivocally and unconditionally, and as you have negotiated terms since its expiry(i.e. holding the property over summer) then it probably wouldnt hold up in court.

My suggestion would be to issue a new S21 then begin proceedings on expiry. And the notice period is 2 months not one by the way.

[xenon1024]

Ah okay then, 2 months notice make sense - I'll get a new Section 21 drawn up. Is this the correct form to give notice under a statutory periodic tenancy situation then?

I doubt there will be any bother, the Tenant is too laid back.

[MrShed]

Yes you still use a S21. There is S21(a) and S21(b) though I believe, and I forget which is applicable to SPT.

[xenon1024]

ahh you're right, I found this:

Section 21(4)(a) "..should only be given to a tenant whose tenancy has become a statutory periodic tenancy - a tenancy that continues after the expiry of a fixed term assured shorthold. A minimum of two months notice is required and the day on which the notice expires must be the last day of a period of the tenancy."

[MrShed]

There ya go