Section 21 runs out 19-09-17

[ericsbrother]

you are there on a monthly rolling contract so once you have been there a day past the start of the new cycle you owe the rent for the whole period (unless LL manages to get someone else in before the end of the month). If you want rights you have to accept the responsibilites as well

[Leakie]

So you think it is right for a tenant, to receive a NTQ one or two days after the new cycle starts

and has to pay a full month's rent for a couple of days , yes they could move beforehand, but maybe were not able too.

 

I guess you must have to property's rent out then

[Peterbard]

The fact leaky

is that you could have a another two to three months before you are forced to leave. If a landlord forces repossession without a possession order they would be in very deep water, most tenants would not pay a penny after the Notice to quit was issued. Unless you have a deposit to worry about.

[Peterbard]

Have you made an appointment.with the housing officer.

[Leakie]

Thanks DB

The point I made as I paid upto the date of NTQ, as in my opinion this would be the correct amount.

 

The comment made was if it is an ongoing arrangement . you pay the full amount on the day due.

if this is the case then NTQ should be dated in the same way or it will be abused,

 

I am still trying to find another property but due to my current position, I do not earn enough to rent without a guarantor.

My parents are asset rich and not cash rich. the letting agencies state that you need 30 times the monthly rent

 

I am claiming HB at the moment,

because of this I am overlooked, I can understand to a point.

 

Yes I have spoken to the Housing adviser and he is only just started helping me now NTQ has gone over the date

 

I would like to be able to continue in the private rental market, but would be back to this position each time.

I fear I will end up homeless, but have 3 children to care for.

 

I have no problem paying what is due so the LL will not miss out, on a penny that is due.

[Peterbard]

Just to.be clear leaky just because the ntq has xpired does not mean the landlord can force you to leave, nor does it mea.n he can harass or intimidate you, if you leave or don't leave is entirely a matter for you

 

It was a section 21 so no arrears problems

Talk tomorrow when I.am not using the mobile

[mariner51]

LL cannot serve NTQ during an AST.

The alt is usually a valid s21 giving the T 2month Notice to vacate without risk of incurring additional Legal costs.

2 months should be sufficient time for T to source alt accom/negotiate with current LL.

[Peterbard]

I thought the AST had finished and the OP was now n a rolling agreement.

[Peterbard]

Yes jsit read back, they say the 21 runs out today, so they must now be on a rolling contract, if they weren't before

[Leakie]

Yes DB rolling contract,

I have contacted the LL with a letter explaining that I have not found anywhere, but would move as soon as I can.

 

I have been advise by the housing officer to sit tight until they decide to take it to court ,

did not want to go that far, but as I am single with 3 children I will have to do what they told me,

 

I will hopefully be having a viewing tomorrow, and have been told he prefers families on HB

 

This has been my problem letting agencies tend to ignore and not pass on new properties

 

I have offered 6 months rent up front and deposit the start paying rent from month 4

so that they will always be 3 months in advance.

 

I am sure some LL's would accept this if it was offered,

[Peterbard]

You received a section 21, you are not intentionally homeless, they should address your problem now, get back onto them and make sure they realise this. Also make it clear that there are children involved.

[Peterbard]

Sorry leaky they annoy me somewhat

Yes, what they have told you is correct as I said earlier, you have no fear of being evicted, not yet by a long chalk.

But that Is not the point in my view. They should address the problem now, not wait until it is desperate, and you have to face the trouble of court action, not to mention the lost rental it will incur to the landlord costs etc.

 

Please keep us upto date pn events.

[Leakie]

Thanks DB

The Housing Officer told me at the interview what will happen cost implications,

Temp accomodation miles away from any connections, the house are not great maybe social services will be involved and up to 3 years until we got social housing.

 

I received his conclusions of the meeting and he basically said private rent is in my best interest,

 

I think he did this for 2 reasons

1- there are not many 3 bed social houses available,

2-It is an incentive to find a house in the private sector, as I think there are a lot out there that would not bother to look.

 

Hopefully I will come up trumps this weekend,

[Leakie]

DB I now have a better understanding of what can and cannot be done,

 

I would rather not cause problems for the LL.

[Peterbard]

Good let u know how you get on

 

Peter

[ericsbrother]

no

I dont rent out properties but I do understand what I sign when signing it.

 

As the AST has expired you are on a MONTHLY rolling contract and this means both sides give a months notice of their next move.

It doesnt mean you are homeless, you can stay there as long as the law says you can but obviously you have to pay for this.

 

Bit like when you pay car tax, you cant tax a car for a fortnight because you are selling it sometime soon.

BT charge a month's line rental in advance.

You have been given a notice, nothing more.

 

The same would apply the other way round, if you wanted to leave the LL has to accept 1 months notice but that can be varied as long as both sides agree, the LL cant tell you to get out now just because you have told him you are off at the end of next month.

 

Likewise he cant charge you just because he hasnt found another tenant to occupy the place after you have gone.

 

So you think it is right for a tenant, to receive a NTQ one or two days after the new cycle starts

and has to pay a full month's rent for a couple of days , yes they could move beforehand, but maybe were not able too.

 

I guess you must have to property's rent out then

[Leakie]

I appreciate what you say ericsbrother.

then maybe the S21 should only be served so it finishes the day before the next payment is due.

This would be fair for both tenant and LL

 

looks like I may now have found another property and will move before the next payment is due.

[mariner51]

LL can now serve valid s21 on any day to expire after 2 cal months later, only after which he can seek a Court Repo Order, so T can avoid any Court costs by vacating on expiry date.

Otherwise Tenant on SPT must give min 1 month valid Notice, to expire at end of end of rel rental period ie day before rent due date. Rent then remains due until T vacates in accordance with T expiry date.