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Matt J
Matt J, Solicitor
Category: UK Property Law
Satisfied Customers: 671
Experience:  LLB(HONS)
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S21. The original secured tenancy was months (April 2014 -

Customer Question

S21. The original secured tenancy was for 12 months (April 2014 - April 2015), then granted a further one month tenancy. Court said couldn't use s21 because tenancy was for less than six months. Could I serve the tenant a s21 again relying on the previous 12 months secured tenancy and then try again? Alternatively is the failure to leave at the end of a tenancy a breach of s12. In other words can I use it as section 8 grounds instead to gain possession.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Matt J replied 1 year ago.

HI I will try and help. A couple of questions first.

Customer: replied 1 year ago.
Where is the answer?
Expert:  Matt J replied 1 year ago.

1) Was the one month tenancy in writing?

2) If so did any of the dates change when you gave them the new tenant (i.e the date of lease, payment dates etc)

3) Where there any pother issue the court raised. i.e. the detail in the notice etc?

Customer: replied 1 year ago.
1. Yes
2. Yes the dates changed from 21 of month to 5th of the month and the rent decreased by £130.00
3. No
Expert:  Matt J replied 1 year ago.

thanks. Please bear with me for a few minutes if you don't get a reply straight away

Expert:  Matt J replied 1 year ago.

HI sorry back now

Expert:  Matt J replied 1 year ago.

I think the problem you will have is that by signing the new tenancy you have effectively terminated the old tenancy and started a new one, albeit for too short a term. You may find the s.21 based on the old tenancy ineffective. I would suggest therefore that the tenancy must run for 6 month and you will have to serve the s.21 notice based on the new tenancy. I would advise against serving a s.8 notice as simply not moving out is not an acceptable ground under the Housing Act

Expert:  Matt J replied 1 year ago.

sorry for the delay there. So please ask any follow up questions

Customer: replied 1 year ago.
ok. thanks. Does the 6 month tenancy rule also apply to S8 evictions. So for example if the tenant misses rent payment within the next 6 months could I then use s8?
Customer: replied 1 year ago.
One last question please, you can answer this instead of the previous one. Can I serve the s21 notice 2 months before the tenancy comes into its 6th month? Thank you
Expert:  Matt J replied 1 year ago.

Q1) No. You can use s8 proceedings where a tenant is 2 months in arrears

Q2) Yes, you can serve it now! In fact I would recommend the earlier the better. it just has to have the end date as the expiry of the tenancy

Customer: replied 1 year ago.
Excellent! Thanks Matt!
Expert:  Matt J replied 1 year ago.

You are welcome. Do ask any follow up questions. If you have none at present please leave positive feedback. You can always revisit the question later on if you thing of anything later down the line

Customer: replied 1 year ago.
Ok the Tenancy was for 1 month from 5th May to 5th June 2015. 4 November would be six months. The end date would not give two clear months notice. Does this not matter?
Expert:  Matt J replied 1 year ago.

It does matter yes. You would have to give the date at least 2 months from the date you are giving, to end on the day before the next rent date. Therefore, by my reckoning, if you gave the notice today for example, the date should state "after the 4th December." the "after" part is very important, as you are essentially saying that they have the right to stay until 11:59 and 59 secs on 4th Dec and then have to leave.

Customer: replied 1 year ago.
Thank you very much.
Expert:  Matt J replied 1 year ago.

No problem. Are you happy to leave positive feedback?

If you cant find the relevant button it may have been me clicking something this end by mistake. if you can let me know if you are happy to give me good feedback (assuming you are) and that I can be paid for my time, I can let customer services know. many thanks

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