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for some reason I thought all landlords HAD to be members of the NLA…?
As I suspected the tenant stopped paying his rent once I told him I would not be renewing his tenancy agreement. He has just assaulted me and now the police are off to arrest him. Be on the look out Essex landlords, this tenant will be coming your way very soon (hopefully).
Make sure you get him out on a tenant alert and that will stop all the members taking him without calling you first and if you are a landlord or agent in Essex and looking for tenants then this guy may be heading your way so join us today and don't take him tomorrow.
I was browsing and I spotted this reply to one of my posts
“the order may not be made so as to take effect earlier than—
(a)in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy
It doesnt say anything about the s21 notice other than 2 months is given which doesnt end before the last day of the fixed term”.
This is what the Act actually says please read the Act here
NOTE section 4 a) and b) including the word AND at the end of section a)
Section b states that “the date specified on the notice is not earlier than the earliest day on which the tenancy can be brought to an end…………….”
I still disagree a tenancy doesnt have to be for six months and the wording you left out states:
“the tenancy could be brought to an end by a notice to quit”
Its the possession order that cant be granted before 6 months
You are right a there is no longer a minimum period for a fixed term AST where previously there was a 6 months minimum an AST can now be for as little time as is agreed between the landlord and tenant.
Regardless of the fact that the fixed term may be less than 6 moths a tenant has the legal right to remain in the property for 6 months if he chooses to do so and the ONLY way a landlord can remove the tenant during that time is through Section 8 of the HA 1988 with evidence of grounds and following a court order. On the expiry of the last day of the 6th month Section 21 can be used. The earliest date that a S21 Notice to Quit can legally request possession IS therefore the expiry of the last day of the 6th month. A court will not grant a possession order if the S21 Notice to Quit asks for possession earlier, in line with 4b of Section 21
The Guild of Residential Landlords http://www.landlordsguild.com also thinks differently see below
In addition, it is sometimes thought that a notice
served during the fixed term cannot expire earlier
than six months, even if the tenancy was for a
shorter period e.g. three months. This is not the
case, the requirement of s21(1)(b) is that it does not
end before the fixed term ends, there is no
restriction on this being less than six months.
“8. The first basis on which possession was refused
is was that the section 21 notice given in this case
had been set to expire, as the Deputy District Judge
put it, before 6 months of the tenancy had expired.
Here in my judgment the Deputy District Judge fell
into what, regrettably, might be described as an
elementary error. He confused the provisions of
section 21(1) which deals with the amount of notice
to which the tenant is entitled with the provisions of
section 21(5) which bars the court from making an
order to take effect earlier than 6 months after the
beginning of the original tenancy. Section 21(5) has
no bearing whatever on the way in which a notice
under section 21(1) must be given. These provisions
deal with entirely separate matters.
Provided that notice is given in accordance with
section 21(1)(b) the court is bound to make an
order for possession if all other necessary
conditions are satisfied. Section 21(5) merely
details the court from making an order to take
possession before a specified date.”
 Leeds Crown Court].
So Mary are you saying the judge is incorrent??
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