TDX2007 Posted September 16, 2012 Report Share Posted September 16, 2012 Hello, been looking for landlord forums but most concentrate on T's rights but this one looks like the one to help a LL. We became LL a couple of years ago, bout a 400k house for cash as money in bank was doing naff all. We bought the house house with a T in it, but all done via our solicitor and above board. We hold his deposit in an approved gov approved org and he has details to this. The AST that he had with us finish a year ago and on a periodic aggreement. My understanding is I need to give hime a section 21 A notice, is that correct? The T's AST began the 5th of May, that was two years ago. The questions are as follows: 1:Sample of correct letter required. 2: I need to give him two months notice, is this correct? 3: If question two is correct and I served the notice today ie 16/9/12, would the T's periodic tenancy end on the 15/11/12 or 4/12/12, ie two months plus days due before the next rent? I am aware the T can give me 21 days notice at any time. Many Thanks Paula Link to comment Share on other sites More sharing options...
LLAW96 Posted September 16, 2012 Report Share Posted September 16, 2012 1. There is no correct form of letter to accompany your s.21 notice, you just need to serve it, a simple here is my s.21 notice will suffice. 2. As your tenant now holds the property under a statutory periodic tenancy the notice period has to be 2 months ending on the last date of a period of the tenancy so in theory the notice period can be anything up to 3 months. 3. see 2 above In protecting the deposit, I assume you have sent the tenant all the prescribed information as well (not just where the deposit is held), and you have sent your tenant a s.48 notice. I am also assuming your tenant does indeed hold the property under an AST I have posted on this point before, you will be surprised how many times people get it wrong. Link to comment Share on other sites More sharing options...
jan1 Posted September 17, 2012 Report Share Posted September 17, 2012 hi law, i have never served a section 48 i did not know about it. my tenant knows my address and telephone number do i still have to serve this s48 jan1 Link to comment Share on other sites More sharing options...
LLAW96 Posted September 17, 2012 Report Share Posted September 17, 2012 Well you are required to serve a s.48 notice on your tenant which provides your address for service. If you fail to serve a s.48 notice then no rent is lawfully due from your tenant. Its not as harsh as it seems as once you serve your s.48 notice it is retrospective in nature and all rent outstanding is payable. I will not set out the full legal position re what can and cannot be considered a valid section 48 notice, but it would not hurt to serve a notice specifically dealing with this point if you are in any doubt. Link to comment Share on other sites More sharing options...
Mortitia Posted September 17, 2012 Report Share Posted September 17, 2012 TDX - if you paid £K400 for said house - what is your annual rental income? LAW - am I right in thinking this could affect Section 21? Link to comment Share on other sites More sharing options...
LLAW96 Posted September 17, 2012 Report Share Posted September 17, 2012 was increased from 25 - 100k pa sometime in 2010. If they are getting an income of 100k on the let I want in. Link to comment Share on other sites More sharing options...
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