Is this a squatter & who is responsible to get him to leave?

[Jeffrey Shaw 90]

On 29/04/2019 at 10:59, geared said:

Is the tenant not still liable for rental payments until they are evicted though??

 

If they chose to ignore an S21 that doesn't mean from that day onwards there is no requirement to pay rent does it?

T is still liable for rent, whether or not residing, until the letting ends. As explained, a s.21 Notice does not end it- and nor does merely vacating (although no further continuation tenancies can arise once T is not resident- see s.1(1) extract below, again with my underlining).

 

(1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—

(a) the tenant or, as the case may be, each of the joint tenants is an individual; and

(b) the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and

(c) the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.

[Cyclone 10]

Were we talking about assured tenancies?

[Jeffrey Shaw 90]

On 09/05/2019 at 09:04, Cyclone said:

Were we talking about assured tenancies?

Any letting under Part 1 of the 1988 Act is an 'assured tenancy'. Here's the first bit of it:

 

Meaning of assured tenancy etc.
1 Assured tenancies.

(1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—

(a)the tenant or, as the case may be, each of the joint tenants is an individual; and

(b)the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and

(c)the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.

 

(1A) Subsection (1) has effect subject to section 15A (loss of assured tenancy status).

 

(2) Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule—

(a) “tenancy” means a tenancy under which a dwelling-house is let as a separate dwelling;

(b) Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and

(c) Part III has effect for supplementing paragraph 10 in Part I.

 

(2A)The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament...

 

But, as previously posted, some are ASTs and some aren't. The s.21 procedure applies only to ASTs.

Edited May 27, 2019 by Jeffrey Shaw