Section 21 notice confusion

[frugal-mum]

I have a tenant who is getting behind with the rent. She was on a six month AST which expired. According to the tenancy agreement (RLA standard form) at the end of the fixed period the tenancy becomes a monthly contractual tenancy. In the tenancy agreement I ticked the box for rent to be paid every four weeks as she was on housing benefit and it seemed to be easier as it fitted in with the housing benefit payments cycle.

 

 

For three years all went well as she was getting full housing benefit which the council paid to me directly. The tenant then found a job but it was on a zero hours contract so her earnings were different every week. It was then that her share of the rent started to get behind and the arrears are increasing.

 

 

I have decided to serve notice under section 21 but I am confused as to what date I should put for the expiry of the notice as rent is paid every four weeks but the tenancy agreement states that it is now a monthly contractual tenancy. I have read online about giving notice under section 21 but it all seems as clear as mud - do I work on a four weekly period as stated when the agreemment was signed or is it a monthly period as stated in the agreement as these dates do not coincide? If I put the wrong date in the notice will be invalid so it is important that I get this correct.

[legalistic]

frugal-mum, without doing a lot of re-reading of stuff I used to know well a few years ago I think it's the rent payment periods that is important. The leading case is Church Commissioner for England v Gisele Meya:Neutral Citation Number: [2006] EWCA Civ 821.But things are easier regarding wording since Spencer v Taylor [2013] EWCA Civ 1600.Since you are owed rent a judge is unlikely to be too critical I would have thought.Also, where there is more than one tenant liability under the tenancy agreement is often joint and several, which means you can recover any unpaid rent from another tenant.

[fedupmillie]

I can't offer any legal advice, but just a thought: as she is obviously trying to do better for herself by now working, could you not come to an agreement with her in terms of paying the rent? I have previously had zero hour contracts in which I was paid monthly (not 4 weekly), and the amount of times the manager did not sign our timesheets in time for us to be paid each month was amazing! This was for a national health service provider too!

 

 

I understand that you need to meet your own financial obligations, thus need the rent to be paid accurately and on time, but if she is being paid weekly or monthly and then needs to adjust her HB claim accordingly, this can be such a hassle (I never claimed HB as I practically lived at worked).

 

 

Could you possibly legally arrange a tenancy agreement that says how much she needs to pay, + make arrangements for the rent arrears? and then if it isn't met, you can then serve a section 21?

[mariner51]

I am guessing T had an AST which is now SPT, not a Contractual Periodic Tenancy.

Before any s21 send T LBA with monthly rent statement showing

Date of rent due. Date Rent Paid Current Rent balance (credit/debit)

[frugal-mum]

Just a quick update. Tenant has now moved out and we have the keys back. Housing benefit have since contacted me asking for repayment of one weeks worth of housing benefit. This was for the week when she was in the process of moving out and I assume had put in a claim for housing benefit at her new address. Will the council be able to recover this payment from me or should they be deducting this from her ongoing housing benefit payments? She would not give me her forwarding address but it is within the same local authority area.

[mariner51]

No HB is recoverable from person being paid, for any period of non-entitlement, but T still owes you that amount of underpaid rent for that period. Council may pay it to you IF her AST had not yet expired, but you have to make the case.

Now you know why many LLs are refusing to accept T's in receipt of HB.

Did T give due NTQ and vacate on expiry date?