When to go to court ?

Romain

If you want to debate an interesting academic point, it is possible to issue a s13 during the fixed term provided the rent increase date is after it has gone periodic.

Bit like you can issue a fixed term notice but use it to terminate a periodic tenancy.

Reply to the comment left by "Industry Observer " at "23/04/2014 - 16:12":

A s.13 notice is like a notice to quit: it relates to a periodic tenancy that must exist first. That's the strict legal point.
A "fixed term notice", assuming you mean a s.21 notice, is different because the case is specifically addressed by s.21.

To go back on topic, re. discussing renewal invalidating a s.21 notice, that would invalidate all "precautionary s.21 notices", I think.

They knew that the section 21 was left in place because she was going to use it to get money out of her employer, as she was telling him we issued it because they were in arrears.
I know we could of given her 1 weeks notice, but she has 2 children and she has been our tenant for around 4 years. That's my soft landlord side showing through.
Her partner has left the property, he is now renting one of our 1 bedroom flats, hope that doesn't cause a problem. I have a police office on the phone today asking some details and what we'll do on Friday, told her we'll apply to court for possession. Sounds like she is trying to find somewhere as quick as possible, but don't want to take the pressure off.
She has paid £380 of last months rent but she's due again on Friday 🙁

Romain

Point me to where it days the tenancy must exist first - as opposed to being in existence when the impact of the notice takes effect.

Do you mean the 30 days notice period cannot commence being counted down until the periodic tenancy is in existence same as you cannot issue a s21 until the tenancy has started?

In terms of your last comment if you mean issued just in case and to sit on file - yes. The issue is having a tenant under notice in effect saying you want them to leave on a particlular date, yet as late as the day before offering them a renewal or telling them that they can stay on without putting specific enough caveats in to cover it.

When we issued the section 21 we never gave them notice as well. We've never renewed their tenancy and when they separated we refused to give her a rent book in her name only incase that somehow created a new tenancy. We never took a deposit so that's not an issue.

Sally

Section 21 is notice, notice to terminate the agreement.

Only a weekly tenant is legally entitled to a rent book - section 1 Housing Act 1985. That means legally obligated to pay the rent weekly, not a monthly due rent that the Landlord allows them to pay him weekly.

If it was a jopint tenancy originally it is a joint periodic now unless you have done anything to formally release him from the tenancy, though he can give you a month's notice to a day before the rent due date to terminate his interest.

I really think you need legal advice on this one. If she says she ain't going anywhere you'll need to go legal anyway.

We're lucky, he'll say anything we ask him to, there is no chance of them getting back together. They had a rent book in the flat they rented (weekly rent) before they moved to this one. They kept the rent book because they paid cash every month so it was a record for them that we'd received it.

Oh Dear. What a tangled web we weave. We can all get tangled up in the Section 21 issues and I agree with IO (which is unusual) that the tooing and froing on the tenancy will muddy the waters. I support Dons advice on the good old Section 8. Two months in arrears. And what are the police doing getting involved in housing issues unless its the Public Protection Unit concerned about the kids. If it is then that might be a leverage point with the local authority in terms of rehousing.

Why are you not going after “him” for the rent as well, as unless I messed someone the tenancy is still in joint names.

As most tenancy agreements say that any of the named tenants can serve notice, can’t you get him to give you notice of the tenancy ending?

Reply to the comment left by "Ian Ringrose" at "24/04/2014 - 09:16":

He has offered to pay any rent but she has tried to use it against him with the police, so we're just going after her for now. He has agreed to pay any rent owing after she has left.
I'm very interested in knowing how him giving notice would help (he's not living there now), what would happen if she's there after notice expires ? How much notice would he have to give to be valid in court ?