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Tenant has requested permission to have kittens in the property, but refuses to agree to our terms


chickpea

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If his rent due date is the 3rd he should be exiting on the 2nd as after midnight he has an SPT as you rightly say and 1 months rent is due at 00.01hrs on the 3rd.

What were the dates on the S21?

If he goes on the 3rd then I would not charge him - just be happy he has gone but you do need to get a 'Deed of Surrender' signed to end the agreement as he could come back and argue you have illegally evicted him.

Write and tell him that if he overstays another months' rent is due. Enclose the Deed of Surrender (2 copies) for him to sign and return to you/agent then you both sign and give him 1 copy.

This is what I asked the agent to do, regarding clarifying to the tenant that he will need to pay rent past the 3rd. Are you saying the agent can have absolutely no contact with the T?

I have no idea what on earth the agent means about the grounds for s.21. It SHOULD be a straightforward notice for possession, which makes me wonder whether he's served it incorrectly and is now doing his best not to rock the boat, hoping the tenant will go.

I will email him again this morning and ask him to explain.

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Grounds for possession refer to a section 8 not a section 21.

A s21 can be made invalid by a number of actions and one is putting conditions on it such as saying " We wont enforce it if you pay the rent". But these type of conditions are used all the type in the practical world of letting you just don't put it in writing..

A S21 is a unconditional notice.

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Thanks Grampa.

I cannot understand why the LA wouldn't simply issue a standard s.21, with no frills or extras - we haven't even mentioned to the tenant that he's breached his contract with the cats, we've just said we want possession. Why make sure things more difficult than they need to be?

I'll ask him for a copy of the notice and see if that sheds any light on things.

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