section-21 - Blog
Feb
25
2013

Eviction And Assured Shorthold Tenancy: Tips For Landlords

512b97a20bf9625022013.jpgLandlords and renters these days will frequently sign a tenancy contract which is also known as assured shorthold tenancy agreement. This type of tenancy agreement is usually a form of lease that enables the renting person to rent a property for a certain period of time that is usually half a year.

Reasons For Terminating The Lease Agreement

When compared with other types of tenancy contracts it is relatively easy for a landlord to evict the renter with an assured shorthold tenancy contract. Even so, even after getting into an assured shorthold tenancy legal contract, both sides, landlord and then renter remain bound to what the law states to a certain extent.

In the event the landlord chooses they don't plan to continue letting their property out or perhaps they choose to evict the current renter(s), they might use what's termed a Section 21 Notice. The renter generally will not have any way to contest after a Section 21 Notice was delivered.

Prerequisites For Giving Section 21 Notice

Made to the tenant no less than 2 months ahead of the end date acknowledged in the closed tenancy agreement. Then again, this procedure mandates that the initial 6 months time has already concluded.
This notice can be delivered once the initial six months concluded which normally implies that the renter will now be in a rolling month-to-month agreement.
It has to be received by the individual in writing plus somewhere on the documentation it needs to visibly say that the notice will be delivered in accordance with Section 21 of the Housing Act 1988.
Deadlines for example the period of notice must be considered.

A renting person needs to vacate in accordance with the deadline - if he or she isn't going to, a landlord can take the matter to the court.

Where A Section 21 Notice Might Not Be Valid

It may well transpire there isn't a legal grounds for a Section 21 notice, for example if the owner failed to adhere to his commitments. A particular main reason why an eviction according to Section 21 will not be achievable is if the landlord might have failed to put in the security deposit adequately as required by legislation.

Just What Other Reasons Exist For A Lease Contract Termination?

Rent payments must always be paid on time and cannot be delayed to avoid a potential eviction. The owner will have the right to commence eviction procedures once the renter does not pay for 8 weeks.
In case the property gets repossessed by a lender resulting from failure by the landlord with payments it will also end the agreement automatically.

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In Ohio Ohio Revised Code Section 5321 governs the reithionsalps between landlords and tenants. That act is broken down into 18 or 19 different subsections, but the important one that we are dealing with is the 16th subsection R.C. 5321.16 which governs security deposits in residential rental housing. It states that if the tenant gives written notice of his forwarding address before moving out and if the landlord wrongfully withholds any portion of the security deposit for more than 30 days then the tenant (or in your case the tenant's estate) can sue for double the wrongfully withheld portion of the deposit and reasonable attorneys fees.If the tenant signed a one year lease and then died midway through the term then the tenant's estate will be liable for any unpaid rent or physical damages beyond normal wear and tear. If the tenant was on a month to month lease agreement then the tenant (or his estate) can terminate such an agreement by giving 30 days notice of an intent to vacate under R.C. 5321.17. But the security deposit can be used to pay for unpaid rent or damages beyond normal wear and tear. If there is still some of the security deposit left over after the unpaid rent (if any) is paid and after damages beyond normal wear and tear (if any) are repaired then the landlord does have to return the remainder of the security deposit regardless of whether or not the lease agreement terminated early.

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