Tenants rights – statutory periodic tenancy

by Readers Question

9:19 AM, 5th July 2014
About 6 years ago

Tenants rights – statutory periodic tenancy

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Tenants rights – statutory periodic tenancy

I have been a tenant in a property for two years now and have had to sign 6 month contracts.  Tenants rights - statutory periodic tenancy

I refused to sign a new contract earlier this year and am now on periodic tenancy.

My landlord cant force me to sign a contract if I am still paying my rent can he?

Also he is wanting to up my rent, is he allowed to do this?

Thanks

Jan


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Comments

Kulasmiley

11:08 AM, 6th July 2014
About 6 years ago

So I wonder how many landlords have issued sect 21 or 8 in one year and didn't choose to evict hoping that any tenant rent problem would rectify itself, only to find that tenant never really intended to pay his/her arrears. So original sect 21 or 8 would still be enforceable over a year later, and landlord could apply to courts for eviction anytime 2 months and 1 day of serving?

Romain Garcin

8:26 AM, 7th July 2014
About 6 years ago

Reply to the comment left by "Michael Barnes" at "05/07/2014 - 22:11":

Hi Michael,

Rent increases through s.13 are indeed restricted to approx. once a year, with the first increase no earlier than the first anniversary of the tenancy.
However, the restriction to wait until the first anniversary does not apply to statutory periodic ASTs, so s.13 may be used immediately.

Romain Garcin

8:33 AM, 7th July 2014
About 6 years ago

Reply to the comment left by "AA Properties Wales " at "06/07/2014 - 11:08":

Note, though, that court proceedings under s.8 must begin within 12 months of the date of service of the notice.

Btw, s.21 notice is no less than 2 months. This indeed means that, all other aspects being fine, proceedings may be started 2 months and 1 day after service.

13:10 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Mark Alexander" at "05/07/2014 - 09:30":

Hi mark, with regards to your comment that the notice to terminate the tenancy needs to be a S21(4)a - am I right in saying that following Spencer v. Taylor (2013) a S21(4) a is only required for tenancies that have been periodic from the start, which isn't many?

For a notice served on a periodic tenancy that was preceded by a fixed term AST, 2 month’s notice is sufficient, without an end date requirement. So should be, or could be a S21 (1)b?

This was my understanding but happy to be shot down if I'm wrong!

Michael Barnes

17:42 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Paul France" at "07/07/2014 - 13:10":

I believe that technically you are correct, but personally, as a landlord, I would not rely on it.

I would ensure that
a) I give notice ending on the last day of a rent period;
b) give at least 2 months notice
c) refer only to section 21, not to a sub-section.

legal advice I have been given is to refer to section 21, as there is no reason to apply further restriction that could be incorrectly stated and so invalidate the notice.

Michael Barnes

17:52 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "AA Properties Wales " at "05/07/2014 - 22:46":

I believe it is "at least 2 months notice". I'm not sure where this extra day comes in.

If you want posession after 20th November, then I believe you can serve the notice on or before 20th September (as an example). However, I have in the back of my mind that any notice served after a certain time (possibly 16:00) is deemed to have been received the following day (but I have no reference for this, just something that I believe came up in another discussion).
You are giving 2 months notice because the notice expires at the end of the stated day (midnight between 20th and 21st November in the above example).

However, if I am wrong, then I am happy to learn.

Kulasmiley

20:46 PM, 7th July 2014
About 6 years ago

Thanks Michael. I was wondering how i fared with a sect 21 notice I gave to my tenant on June 2013, but he begged me to not evict him, but he ended up not paying the rent. So I am wondering now if that sect 21 is still valid. I wasn't sure. I'm not really sure if I want to go down that route of court as he is a nice guy, but doesn't pay the full rent, and I need that rent. So? Will a sect 21 still be valid a full 12 months after issue?? Thanks.

Michael Barnes

18:30 PM, 8th July 2014
About 6 years ago

Reply to the comment left by "AA Properties Wales " at "07/07/2014 - 20:46":

provided a S21 notice is issued correctly, then it is valid until the tenant returns posession.

Mark Alexander

18:56 PM, 8th July 2014
About 6 years ago

Reply to the comment left by "AA Properties Wales " at "07/07/2014 - 20:46":

As Michael says, yes.
.

Hemi Tanna

15:08 PM, 11th July 2014
About 6 years ago

My understanding was also that section 13 is one months notices according to the notes for the form, but yes in a periodic you can issue that at any time, which is what I am doing - coincidentally it is 12 months following the last increase as I review my rents every 12 months.

If anyone has other information for the section 13 being 2 months, please do correct me as I am about to issue at one month notice and want to do right by my tenant.

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