Section 21 Notice served; how to proceed?

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    Section 21 Notice served; how to proceed?

    Hi All,

    New to all this, so please be patient.

    Ok, I have a T who I have served s21. I have read most of the forums and think i understand my next move if the T does not vacate the property is to issue court proceedings.

    However what is different I think in my case is I have no tenancy agreement with the T. I bought the property with the T already in. The T is on a 12 month shorthold tenancy agreement with the previous owner (So T is not a sitting T).

    I have served s21 to finish the day after the shorthold tenancy agreement ends. I am still receiving rent from the T, but my grounds for eviction are the rent needs to be increased by over £100 pcm. The T is not willing to pay this, so it left me no choice but to serve s21.

    What problems can you forsee for me if the T does not leave?

    #2
    Were the correct notices issued to the tenant when you purchased the property?
    If so, then your proposed rent increase has nothing to do with it. If you have issued a correct S.21 notice with correct dates, then no problems.

    Comment


      #3
      Originally posted by harra View Post
      However what is different I think in my case is I have no tenancy agreement with the T. I bought the property with the T already in. The T is on a 12 month shorthold tenancy agreement with the previous owner (So T is not a sitting T).

      I have served s21 to finish the day after the shorthold tenancy agreement ends. I am still receiving rent from the T, but my grounds for eviction are the rent needs to be increased by over £100 pcm. The T is not willing to pay this, so it left me no choice but to serve s21.

      What problems can you forsee for me if the T does not leave?
      1. T:
      a. is a sitting tenant; and
      b. does hold a tenancy from you.

      2. When you purchased, T already occupied and remained in occupation- that's exactly what 'sitting tenant' means. He became your tenant, on the same Agreement as already existed.

      3. Did you serve on T:
      a. V's written Authority in your favour for future rent payments;
      b. Notice under s.3 of LTA 1985; and
      c. Notice under s.48 of LTA 1987?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        It is a must that you establish without doubt the date the tenant first took occupation.

        If the tenant has been there for many years, you may well have a problem.
        On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

        Comment


          #5
          Originally posted by Esio Trot View Post
          It is a must that you establish without doubt the date the tenant first took occupation.

          If the tenant has been there for many years, you may well have a problem.
          But OP stated that T holds an Assured Shorthold Tenancy granted by previous L.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by jeffrey View Post
            But OP stated that T holds an Assured Shorthold Tenancy granted by previous L.
            But he didn't say this was the first one - it might have been the last of a succession of them.

            As you will know, If the tenant first occupied before 28 Feb 1997, the problems of a s20 notice will arise - and if not held together with evidence that it was served before the tenancy began, then it will be an assured tenancy and s21 won't apply.
            Last edited by Esio Trot; 28-02-2008, 16:29 PM. Reason: clarification
            On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

            Comment


              #7
              Okay all thanks for your advice. have taken it on board but a few things to clear up and explain a few things.

              jaffrey - yes t is a sitting T and the shorthold tenancy agreement is no with me not the previous L.
              At the moment I have only served s21.
              Can you expmain a bit more about
              3. Did you serve on T:
              a. V's written Authority in your favour for future rent payments - I just served s21 and did not give reasoning for eviction. I had discussed with T at length about the rent increase.
              b. Notice under s.3 of LTA 1985; and
              c. Notice under s.48 of LTA 1987?

              A bit unclear on s3 of LTA 1985. In the S21 L provided address to cover s.48 of LTA 1987, does that cover it? the problem I might have is only the tenancy agreement was handed over, no other information was forthcoming from the previous L. To say the least I was royally done over, but live & learn and will never buy again with sitting tenant. Has not put me off yet!

              Esio trot thanks for that, I am unclear on how long the T has lived in the house. I will find that out.

              thanks again for your help

              Comment


                #8
                Just to clear up jeffrey yes I did serve the s21 correctly 1 day after the shorthold tenancy expires. Also the T has all my details, but I have nothing from the previous L.

                thanks again

                Comment


                  #9
                  If the Section 21 expires one day after the expiry of the tenancy, then is this not invalid. Im sure that you must say you want possession of the property on.......and state the last day of the tenancy, not the day after. Please correct me if I am wrong.

                  Comment


                    #10
                    From what I have read, I am sure it is the day after the tenancy expires. Due to L not being able to take possession of the property until the shorthold tenancy agreement has run its course and expired?

                    Comment


                      #11
                      Could someone clarify. if this is incorrect please? I will have to serve notice again to T. I have enough time to do so as issued the s21 before the 2 month's.

                      Comment


                        #12
                        Originally posted by harra View Post
                        Could someone clarify. if this is incorrect please? I will have to serve notice again to T. I have enough time to do so as issued the s21 before the 2 month's.
                        If you issue a S.21 notice whilst still within the fixed term of the tenancy, then you must give at least 2 months notice to expire at ANY time of the fixed period.

                        If you have a Periodic tenancy, then it must be two clear months notice to expire at the end of a rent period. i.e rent is due 24th of the month, the notice must expire after 23rd of the month with 2 months notice.

                        Comment


                          #13
                          harra: go back to (and re-read) item 3 in my post #3.
                          These Notices/Authority are nothing to do with seeking possession . They are an absolute requirement whenever the landlord's interest changes hands. Get them done RIGHT NOW, if you haven't yet done them, or you might well fall at the first hurdle.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            So to clarify jeffrey i need to serve the T my address, even though it was on my s21.
                            I as the L should have issued this when I took over the Shorthold Tenancy agreement? Is there anything else I should have issued?

                            Not looking forward to the outcome here as it is not the best eviction case to have as my first one. Although hope i don;t have to go through it too many times in the future.

                            If all else fails could I serve s8?

                            if that fails, could I enter into a 6 month shorthold tenancy agreement with the T and then serve s21 for eviction at the end of the 6 months?

                            Comment


                              #15
                              Originally posted by harra View Post
                              So to clarify jeffrey i need to serve the T my address, even though it was on my s21. I as the L should have issued this when I took over the Shorthold Tenancy agreement? Is there anything else I should have issued?
                              Yes- see item 3 in my post #3 (3rd time that I have told you this!)
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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