S.21 pre 2015 AST question

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    S.21 pre 2015 AST question

    Hello all,

    I am about to send an s.21 notice to my tenants and wanted to check a couple of things before I do; it’s the first time I’ve done this and know it’s a bit of a minefield.


    Background

    I rent out a flat in England to a couple (‘jointly and individually’). The tenancy (AST) started on 18 Nov 2013 and ran until 17 Nov 2014. Rent is payable on 3rd of each month in advance. I don’t live there – it’s the whole flat.

    No new AST agreement signed, so is now a periodic tenancy. No mention of periodic tenancy in the original agreement.

    Deposit was taken and protected, initially by the agent who found the tenants, then again by me after the tenancy became periodic. However, there was a delay in that the deposit stayed with the agent’s scheme for 6 months or so after the fixed term ended, before I took it and reprotected it (same day).


    The questions
    • Notice period – I intend to use the tenancy period rather than the rent period. Is this correct? I’ve noticed a couple of posts where both terms are used, so wanted to be sure. (So if I can get it to them tomorrow I can put 17th Jan?)I read in a post somewhere (apologies – I can’t find it now) that it is advised to word the date in less precise terms (ie ‘after 17th Jan). Or did I dream this??
    • Adressee - Do they need a letter each? Or one addressed to both of them?
    • Guarantor - There are significant rent arrears and a dad of one of them acted as a guarantor. Another minefield I know, but the agreement was executed as a deed and is not limited to the original fixed term, so I want to keep him in the picture. Should I send the s.21 to him as well?
    • Deposit - is the delay in moving the deposit from the agent to my deposit arrangements an issue?

    Thank you for any help you can provide. I have many questions about rent recovery, but this is next on my list to research. I’m sure I’ll be back!







    #2
    Your date us fine.
    " You are required to leave the address after [date]"

    A copy of the notice each.

    A copy to the guarantor isn't necessary, but a notification to the guarantor(s) about the arrears and your intent to end the tenancy and collect them might be helpful.

    Yes, the deposit wasn't protected and that's an issue. It may not be fatal to the notice, but I wouldn't want to risk it. Offer to return the deposit to the tenant to clear some of the arrears.

    Check the s21 notice is valid here: https://markprichard.co.uk/content/d...ecker-tool.pdf
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      A notice under s21(1) of the Housing Act 1988 must be of "not less than two months". You can serve a notice under s21(1) because you started with a fixed term per Taylor v Spencer [2013]. The clock start after the notice is deemed served as per any clause specifying how notice are to be served in your tenancy agreement.

      A notice under s21(4) requires the date specified in the notice to be either the last or first day of a period of tenancy, and due to its wordings notice of the form "require possession on [the date]" were found invalid. So notices were written to "require possession after [the date]" or "notice will expire on [the date]" etc.

      Notice should be addressed to all joint tenants as together they are the tenant. Probably one copy each, but copies of the same.
      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


        #4
        Was deposit ever actually unprotected, or did it simply change hands/scheme mid tenancy?
        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


          #5
          thank you for your replies - very helpful.

          The deposit was unprotected only as long as it took me to receive it and re-secure it (about an hour). The agents and myself got the permission of the tenants to release the deposit to me and then I secured it in the usual way (I use a different scheme).

          Comment


            #6
            You should be fine there then.
            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
              s.21 issued. Thanks again for your help - I really appreciate it

              Comment

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