Advice please on how I evict a tenant - Section21 given on 4 March 2017

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    Advice please on how I evict a tenant - Section21 given on 4 March 2017

    Hi all, I have given a tenant a Section21 on 4 March this year - date to leave 6 May. Due to rent arrears and delayed payments. However tenant started making up payments so they continued in the flat. Now tenant is defaulting again and I cant carry on with this any more (the arrears started 5 years ago).
    Tenant is on a Periodic assured shorthold tenancy. Deposit is with DPS.
    Please can anyone tell me how to go about evicting tenant now. Should I still give notice to leave? Do I just ask tenant when they will leave? I dont know what to do . . . I dont really want to give another S21 and wait another two months.
    I would really be grateful for any advice. Thanks

    #2
    You have two/three choices:
    1. Either negotiate with the tenant to surrender the tenancy on any terms upon which you can agree, or
    2. Apply to the court for a possession order, but do it before the S21 Notice expires (you had 6 months - so only a few days left to act, now.)
    3. Do nothing until the six months is up, and then start again with fresh notice.
    Last edited by StuartH; 25-08-2017, 08:02 AM. Reason: Can't count months: s21 Notice still actionable.

    Comment


      #3
      You can always offer a (modest) financial incentive to your tenant to leave. Paying £500 now, to cover the costs of removal (or anything else) might be a lot less hassle and stress than the alternative. If you agree a surrender, get a Deed of Surrender executed as a condition of handing over any money.

      Comment


        #4
        I believe Stuart is wrong that your s21 expired. Go to link below and see if your s21 date is accepted.
        Use the accelerated possession procedure to evict a tenant if they're on an assured shorthold tenancy - section 21 of the Housing Act

        Comment


          #5
          Originally posted by JK0 View Post
          I believe Stuart is wrong that your s21 expired. Go to link below and see if your s21 date is accepted.
          You're right: I miscounted the months - original advice now corrected.

          Comment


            #6
            Whether the s21 will expire soon depends on when the last fixed term tenancy started (if there were one). If it's before Oct 2015, then it doesn't expire until Oct 2018. Else 6 months, 4 Sep this year.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              I have wondered about using Form 6a for older tenancies (where it is still optional), on the basis that if you DO use it, you may be subject to the same requirements (such as meeting the prerequisites set out on page 1) and the six-month limit on it being actionable set out in para. 3. Neither would apply to an alternative form of notice, but in the interests of tenants not receiving misleading notices, or causing them to act to their detriment on the basis that they have the appearance of being invalid, do those requirements apply, because they are part of the notice that you have voluntarily given? The notice itself says you can't ignore the prerequisites and that it is only valid for six months. Could a T, aggrieved at receiving notice of an application for possession, resist and possibly defeat the application on the grounds of being unfairly misled?

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                #8
                Hi, I first put this post up in August 2017 but allowed the tenant to stay on again due to him promising to pay regularly - however this didnt worked out and i issued another s21.6a in November 17. Again there were promises to pay and now i am here in April 18 and want to evict the tenant definitely and finally this time. Please, it is confusing, please can you tell me if i can still start the accelerated possession using the S21.6a sent 3/11/17 fo 7/1/18. Thanks

                Comment


                  #9
                  Check your s21 against Mark Prichard's checker
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    3/11/17 + 6 months = 3/5/18, so purely on the question of how long a section 21 is valid for, yes.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      Thanks for letting me know about the Section 21 checker. The only problem i can find is

                      78.Was the contractual tenancy granted on or after 1 October 2015?
                      No

                      79. Did the date given in the notice as the day after which possession was required the last day of a period of the tenancy?
                      No
                      notice is invalid


                      I used Section 21 6A - i though that the rules were changed now and you no longer had to wait for the end of a rent period before issuing a date for possession. Am I wrong about that, as i only gave 2 months plus 3 days notice for possession and it was not the end of a rent period.

                      Comment


                        #12
                        Your s21 6A appears valid but you would have to repay any unused rent for final month.

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                          #13
                          Originally posted by question1 View Post
                          ...

                          I used Section 21 6A - i though that the rules were changed now and you no longer had to wait for the end of a rent period before issuing a date for possession. Am I wrong about that, as i only gave 2 months plus 3 days notice for possession and it was not the end of a rent period.
                          The clause disapplying the end date being the last day of a period only applies to a tenancies that begain from 1 October 2015, not including SPT arising after that date from a tenancy which began before that date. However, you're fine if the tenancy was originally a fixed term only. In that case, your notice would be fine under s21(1). If however it was from the start a periodic tenancy, or it contined as one after an initial fixed term, then the last day on period requirement would still apply until 1 October 2018.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          I do not answer questions through private messages which should be posted publicly on the forum.

                          Comment


                            #14
                            Thank you all for your help. I will give it a try

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