katyb Posted June 10, 2012 Report Share Posted June 10, 2012 Hi, can anyone advise what happens when a Section 21 expires. I served notice before the end of my tenant’s AST ended but if she behaves and pays the rent on time, am willing to let her stay. Am I correct in assuming it now become a periodic tenancy agreement? Do I still have the right to apply to court for an eviction order at a later date? Sorry if these sound very obvious questions but I am comparatively new to this! Link to comment Share on other sites More sharing options...
LLAW96 Posted June 10, 2012 Report Share Posted June 10, 2012 Once an unconditional s.21 notice has expired then you are entitled to apply for possession. On the expiration of the initial fixed term then a statutory periodic tenancy arises, if she pays her rent monthty for instance you will have a monthly statutory periodic tenancy. In serving your notice I am assuming you have protected any rent deposit, have proof of service and have used the proper s.21( notice. Link to comment Share on other sites More sharing options...
katyb Posted June 10, 2012 Author Report Share Posted June 10, 2012 Yes I served it before the end of the AST using a Section 21 (1) b notice and took an independant witness when I posted it. As she was not in he photographed me putting it through the letter box. She cannot deny receipt as she has been to see the emergency housing officer who told her it was a valid notice but advised her to stay until I got a court eviction order. I Link to comment Share on other sites More sharing options...
katyb Posted June 10, 2012 Author Report Share Posted June 10, 2012 Forgot to add, originally the rent was to have been paid monthly and it was arranged that her housing benefit would be paid directly to me which would have amply covered the rent. However she forgot to mention to me or the housing officer involved that she was working part time and already owed the council because of a previous overpayment so only received part funding and so every month I had to chase her for a top up. Faced with having to take court action I had offered to let her stay on the basis she receives the housing benefit herself and sets up a weekly standing order to pay the rent in full. It gives me around six weeks to see if she makes good her promise otherwise I will go the court route. I didn't take a deposit as she had a council guarantee bond. Link to comment Share on other sites More sharing options...
Grampa Posted June 10, 2012 Report Share Posted June 10, 2012 As mentioned by LAW a section 21 is unconditional so you cant tell a tenant "i wont enforce it if you do x,y,z" as a tenant could use that as a defence and get it struck out of court. But in practice it is.So dont put anything in writing. Link to comment Share on other sites More sharing options...
katyb Posted June 11, 2012 Author Report Share Posted June 11, 2012 Thanks very much for that. You have saved me from shooting myself in the foot! I had planned on emailing her just to confirm what we agreed (thinking things are better with a written copy) Wrong in this case! If , being naively optimistic, she comes good on the rent, I do nothing on the possession date, can I still apply to court at a date in the future? Link to comment Share on other sites More sharing options...
LLAW96 Posted June 11, 2012 Report Share Posted June 11, 2012 yes you can. Link to comment Share on other sites More sharing options...
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