How do I fight back after hearing went badly?
I served section 21 to my LHA tenant and possession order was granted and hearing day was set last month.
On the hearing day, the lawyer representing the tenant argued that I should have issued deposit info again when the fixed contract ended and the tenant lapsed to periodic contract. The tenant has up to the 15th to submit the full argument and of course cost.
My question is how do I deal with the situation? How do I fight back? I need the tenant out regardless.
Thanks
Ciru![]()
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Pre-Approval for loan on property?
Member Since December 2014 - Comments: 10
11:18 AM, 27th January 2015, About 11 years ago
Funds you take before the tenancy starts have to be dealt with carefully – if you call it rent then technically the tenancy starts the day you take the money.
If the tenancy hasn’t begun then the money is neither rent nor deposit, simply funds held in lieu of a tenancy due to begin.
I cannot answer nor explain why the PI requires all the information it asks. Never yet have I been able to give a fax number for a tenant, and most tenants give a care of address for the address they will move to at the end of the tenancy. It makes me uncomfortable that a Landlord is liable for information provided by the tenant in the first place.
It is plausible that a tenant has another address which is is his main residence, as well as the property which he is renting, and this would be the address to put for the tenant in that circumstance.
It is clear though that in most situations the tenant’s main address will be that of the property he has rented and this must therefore be the tenant’s address.
Member Since July 2013 - Comments: 197
5:08 PM, 2nd February 2015, About 11 years ago
Reply to the comment left by “Tessa Shepperson” at “24/01/2015 – 09:45“:
Can I ask the question that if tenancy goes into periodic and then this is deemed to be new tenancy hence the serving of paperwork . What happens to the already served section 21 which I always believed stays in force unless (a) you issue a new tenancy or (b) issue a letter extending tenancy .
Is the original section 21 still valid .
Member Since July 2013 - Comments: 1434
5:47 PM, 2nd February 2015, About 11 years ago
Reply to the comment left by “Jan Martin” at “02/02/2015 – 17:08“:
If tenency goes periodic, then any S21 notice remains valid (otherwise it would not be possible to get property back at end of fixed term, or take legal action if tenant does not vacate).
Member Since July 2013 - Comments: 264 - Articles: 1
5:51 PM, 2nd February 2015, About 11 years ago
we have tenants who are good tenants but seem to be lately struggling with the rent, the 12 month contract ends end of April, so if I just issue a s21 anytime now is that valid if I put the last day of present contract as the date?