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Wednesday, June 25, 2008

Creating a new tenancy - BIG TIP


That student tenant upstairs wants to sign a new tenancy agreement. I know what he's like. Sneaky little bugger. Landlords I've got a nice little TIP to make sure that you keep the upper hand with your tenants & it's perfectly legit and it goes likes this.

Serving a Section 21 Notice
Landlords generally wait until the tenancy hits the buffers before serving a section 21 notice to get possession of their investment property.

Most of the problems landlords experience with serving a section 21 Notice relate to getting the dates correct particularly the expiry date on a fixed term that has become a periodic tenancy.

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Avoid or that shenanigans and keep ahead of the game I say by doing all the paperwork at the start of the tenancy. Serve your section 21 (1) B at the beginning of the tenancy at the same time that the tenant signs the tenancy agreement.


Landlords - keep one step ahead
What I will do is to get that pesky student to sign the Section 21 (B) when I grant him another 6 month assured shorthold tenancy. All I need to do then is include the expiry date for the Section 21 Notice as the last day of the tenancy. As far as he is concerned it's just another bit of paper work that forms part of the tenancy.

Free Section 21 Notice

The great thing for me as the landlord is if he causes me any more grief or has any more of those student parties I can get rid of him at the end of the 6 months tenancy. There will be no arguments about whether he has or has not paid the rent or is more or less than 2 months behind on his rent.

Because it is not fault based possession I can go straight in and issue a County Court Form N5B

If the Judge is satisfied that the section 21 notice is correct and that it has been served then he will make a Possession Order without a hearing. That normally means the pesky tenant gets booted out in 14 or 28 days. If that time will causes the tenant hardship the judge has power to extend the time to 42 days but no longer.


Anyway, must go I promised Miss Jones that I would put up some shelves to house her collection of snow domes. She is such a sensitive lady that I don't want to keep her waiting for it, I mean me, I mean to get it up....the shelf.

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