2 month assured shorthold tenancy

[jboyslick]

Hi All,

I am a landlord & require some help please!

I have agreed a short term assured shorthhold tenancy to a lady for 2 months on the basis that she is buying a property and has no where to live in the interim.

She came in to see me on 20th December, tenancy started 21st December. Tenancy signed & pres info signed. When she came in for keys i asked for the rent & she said it had been sent bacs & i would have it tomorrow.

I knew she was in the process of buying a property so trusted her, it was the day before Christmas and she would be homeless otherwise.

Anyway, i checked the bank and no rent, still no rent 20 days on. She is apparently ill and the money has left her account but still hasnt reached mine!

 

The tenancy is a full assured shorthold tenancy with a notice of intention to seek possession within.

Is it correct that even though the assured shorthold states 2 months a sect 21 is invalid until the 6 month term has come? and thus a sect 8 is also invalid?

Hence, the only grounds i have is for possession on sect 21 for lack of unpaid rent?

Rgds James

[Planner]

S.21 indeed cannot be used until after 6 months. S.8 can be used with unpaid rent grounds after 2 rent payments have been missed.

[Steve__M]

On occasions I feel guilty requiring cash up front from tenants if short notice means that cheques etc. can't clear in time. Your story makes me glad that I do. All the best, but sadly it sounds like the woman is conning you.

[womble72]

Why would you have to wait 6 months to issue the s.21 if the tenant has only signed a 2 months short term tenancy agreement?

s.21 is a 8 week notice period?

If the tenant does not leave after the 8 week period then the landlord will need to start court proceedings.

[jboyslick]

Im thinking that the sect 21 is invalid, but a sect 8 will be valid when she defaults, which she will.

 

Is that correct?

 

Rgds J

[Steve__M]

Why would you have to wait 6 months to issue the s.21 if the tenant has only signed a 2 months short term tenancy agreement?

s.21 is a 8 week notice period?

If the tenant does not leave after the 8 week period then the landlord will need to start court proceedings.

 

Essentially, ASTs give the tenant at least 6 months, even if the contract says less than 6 months.

[womble72]

What if the tenant signs a 3 month agreement which includes the section 21 in the contract?

 

I.e - starts at the end of Nov 2010 and the last day is the 28th Feb 2011.

 

Will it still take the landlord 6 months to remove them from the property?

[Steve__M]

What if the tenant signs a 3 month agreement which includes the section 21 in the contract?

 

I.e - starts at the end of Nov 2010 and the last day is the 28th Feb 2011.

 

Will it still take the landlord 6 months to remove them from the property?

 

If the agreement is an Assured Shorthold Tenancy then I believe the answer is yes. The landlord would not have the benefits of using Section 21 followed by accelerated possession till 6 months were up.

[jboyslick]

But surely the sect 8 is valid for unpaid rent? I am intending to issue a sect 8 when she does not pay her 2nd lot of rent

 

I have a notice of intention to seek possession (sect 21) within the tenancy agreement but as its a 2 month term i understand this will not now apply until the 6 months is up.

 

How do i stop this happening again? Is there any tenancy that can be drawn up for say 2 or 3 months that will stop future tenants doing the same?

 

Rgds James

[Planner]

But surely the sect 8 is valid for unpaid rent? I am intending to issue a sect 8 when she does not pay her 2nd lot of rent. Yes

 

I have a notice of intention to seek possession (sect 21) within the tenancy agreement but as its a 2 month term i understand this will not now apply until the 6 months is up. Correct

 

How do i stop this happening again? Is there any tenancy that can be drawn up for say 2 or 3 months that will stop future tenants doing the same? Holiday Let agreement?

 

Rgds James

 

Good luck

[jboyslick]

Great thank you will give it a go!!

 

Rgds James

[womble72]

If the agreement is an Assured Shorthold Tenancy then I believe the answer is yes. The landlord would not have the benefits of using Section 21 followed by accelerated possession till 6 months were up.

 

Does the 6 months only apply to new tenants only?

 

I.e-If you have been in a property for over 2 years would it still take 6 months to issue the s21?

[xoAmyox]

It depends on the tenancy agreement at the time. For 'new' tenants no matter how short the tenancy agreement a section 21 cannot expire until they have been there 6 months.

 

For current tenants, a section 21 cannot expire during a 'fixed term' i.e. the minimum period of any tenancy agreement signed. This may have been a tenancy renewal or a whole new agreement.

 

If no tenancy agreement was signed since the original 6/12 month one, then you would have a statutory periodic tenancy which requires no less than 2 months notice to expire at the end of a rental period, for a section 21 notice.

[jboyslick]

Even for a holiday let???

[xoAmyox]

A holiday let is different as it is not a tenancy per se, it is known as a 'license to occupy'.

 

Therefore, there is little or no protection from eviction, and a LL could simply come in and change the locks with any 'reasonable notice'. Obviously, what is reasonable to a LL wanting their property back, and a T who feels the property is their home, can be VERY different!

[Steve__M]

I suspect that you would be on shakey grounds if you set up a 2 month "holiday let" with someone you knew was occupying the house as their principal home.

[jboyslick]

I suspect that you would be on shakey grounds if you set up a 2 month "holiday let" with someone you knew was occupying the house as their principal home.

 

So basically nothing but a six month tenancy gives you any kind of security??