Notice to Quit court process?

Notice to Quit court process?

0:02 AM, 30th January 2023, About 2 years ago 26

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Hello, I have a tenant who has refused to leave the property, as advised by the local housing office as she would be deemed to have made herself deliberately homeless, until physically evicted by a bailiff.

They also advised the tenant that the short term rental 6 month agreement which ended 21 October 2021 was considered a rolling AST and a Section 21 Notice needed to be served.

This was duly served in May 2022.

In trying to complete the Claim form for possession of a property located in England (Accelerated Procedure) several things have been highlighted.

Where a flat occupied is in a house or building that has been converted into separate flats and the landlord lives in a different flat in the same building, this means that the tenant is an occupier with only basic protection rights and a Notice to Quit can be served.

Can anyone advise how to apply to the court after serving the one month Notice to Quit?

The sale of the entire building was lost due to not being able to confirm a Vacant possession date, and 8 months have been wasted.

Thank you,

C


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Cathie French

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16:51 PM, 1st February 2023, About 2 years ago

Reply to the comment left by David at 01/02/2023 - 16:23It was not a holiday let but a short-term let as the property was up for sale which the tenant was aware of. This is all so confusing! It was the only agreement that I could find on-line that was not an AST

Chris @ Possession Friend

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17:35 PM, 1st February 2023, About 2 years ago

Reply to the comment left by Cathie French at 31/01/2023 - 18:58
Thank you Cathy,
Please contact us via the email address on our web site.

DPT

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12:52 PM, 2nd February 2023, About 2 years ago

Reply to the comment left by Cathie French at 01/02/2023 - 16:51I didnt say that this was a holiday let and wasn't assuming that. There is also really no such thing as a 'short let' Tenants have all the rights their tenancy status affords regardless of the length of the tenancy. Please re-read my post.

Cathie French

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16:03 PM, 2nd February 2023, About 2 years ago

Reply to the comment left by David at 02/02/2023 - 12:52
Many thanks for your advice David.
Kind regards Cathie

Julie Ineson

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10:10 AM, 4th February 2023, About 2 years ago

Reply to the comment left by David Houghton at 30/01/2023 - 11:04Hi we have issued section 21 but the tenant has only just let us complete the electrical inspection. we issued the section 21 before it was completed due to never being able to get in. So do we have to give her another section 21 or just run with the one we have issued.

Landlord Solicitor @ RSPLegal.com

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11:12 AM, 4th February 2023, About 2 years ago

You have almost certainly granted the tenant an AST and if you are able to get the paperwork straight and serve all prescribed documents you can then re serve the s21 with two month notice. The existing S21 only had a 6 month shelf life and will no longer be valid.

There are a lot of pitfalls with S21 so I would recommend getting legal advice especially if wider commercial interests are at stake (although I would say that!) http://www.rsplegal.co.uk

DPT

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12:29 PM, 4th February 2023, About 2 years ago

Reply to the comment left by Landlord Solicitor at 04/02/2023 - 11:12
Landlord Solicitor, Cathie French has said that she lives in a flat in the same converted building as her tenant. The Housing Act 1988 Schedule 1 Part 1 10(1) makes clear that in this situation she is defined as a resident landlord for the purposes of the Act and that the tenancy cannot be assured.

Judith Wordsworth

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13:19 PM, 4th February 2023, About 2 years ago

Reply to the comment left by Cathie French at 01/02/2023 - 16:51
Sorry but that's trouble with relying on online searching and not getting proper advice before drafting any agreement and knowing what your legal responsivities, duties and liabilities are.

A tenancy agreement of 6 months is not a short term rental but an AST and as such ALL the paperwork associated with an AST must have been given to the tenant at the correct time ie landlords gas safety certificate BEFORE they signed the tenancy agreement.

Can be the same day but on the receipt put the time and on the tenancy agreement put the date and time it was signed.

A short-term let is usually anything one day less than 6 months BUT ought to be 28 days and can be renewed. Then you can serve a Notice to Quit.

If you served a s21 in May 22 this has expired and needs to be served again with a vacant possession date 2 months from the date on the tenancy agreement ie agreement started on the 19th of the month then s21 vacant possession needed on the 18th 2 months later. If the tenant doesn't move out then you apply to the Court for a Possession Order as long as you have served ALL the tenancy documentation as required and if a deposit it was put on protection and the Prescribed Information given to the tenant

Cathie French

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14:19 PM, 4th February 2023, About 2 years ago

Reply to the comment left by Judith Wordsworth at 04/02/2023 - 13:19
Copied from Shelter website:-
Your landlord lives in the same building
You will have basic protection from eviction if it's a house or building that has been converted into separate flats and your landlord live in a different flat in the building.

You're likely to have an assured shorthold tenancy if it's a purpose built block of flats.

Cathie French

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14:29 PM, 4th February 2023, About 2 years ago

Reply to the comment left by David Houghton at 30/01/2023 - 11:04
The Housing Act 1988 Schedule 1 Part 1 10(1) makes clear that in this situation I am defined as a resident landlord for the purposes of the Act and that the tenancy cannot be assured.
The Shelter website makes quite clear the difference between a landlord in a flat in the same building of a converted property and a landlord in a flat in a converted building.

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