Help with Section 21 or 8

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Help with Section 21 or 8

    Hello,

    We have tenants in what was previously our family home. They have been in for 2.5 years, first 2 tenancies were 12 month fixed terms. The most recent tenancy agreement was requested to be another 12 month fixed by the tenants, however we are intending to move back into the family home this summer and they did not sign the agreement in time for another full 12 months to be granted by us. I therefore re-issued the agreement a total of 3 times before I was able to get them to sign before the commencement date, each time reducing the fixed term by a month so that the tenancy would end in the summer holidays as we had all agreed (it ended up being 10 months fixed). I required the signatures to be witnessed so that was apparently the problem the tenants had with getting it signed before or on the commencement date each time, and I wouldn't accept it dated after commencement.

    When I finally got the signed agreement back after the third issuing, the dates by the tenant and witness signatures had been altered without initials so I'm not sure it would be valid anyway. We also never signed it as the landlord this time, so technically, the last properly signed agreement for a fixed term has expired.

    The tenants have been fine with rent until Christmas, when they started to pay late and in dribs and drabs. Now they are more than 1 month behind. I have tried to be reasonable and give them time to catch up but they are coming close to 2 months of arrears so I want to make things more formal in the hope they will get the payments up to date, as this is starting to cause us financial problems.

    Question is, can I serve a Section 21 on the basis that the latest fixed term was never implemented properly (not signed by landlord, they don't have a copy, they amended the dates of their signatures) therefore the previous fixed term assured shorthold still stands and has now become periodic? EPC, Gas Safety, Government Guide and Prior Notice of Landlord's Grounds for Possession (due to being former family home) have all be provided and deposit protected from the start.

    Hoping this won't be an issue as they say they will catch up this month but I want to know if I need to wait for a full 2 month's arrears and serve Section 8, or if I can go ahead with Section 21?

    Thanks in advance for any assistance.

    #2
    While it may be a practical issue that the tenant doesn't have a copy of the contract document, that contract is valid without your signature.
    So s8 is the only route - I'd wait until the tenant owes two month's rent and go for ground 8.

    You don't have to wait, but the grounds you do have are discretionary for the judge while ground 8 isn't.
    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
      Maybe they'd like to voluntarily leave early? This would be a vastly better option than having to evict...

      Comment


        #4
        If you knew you were moving back in the Summer, why didn't you just let the agreement become periodic?

        Comment

        Latest Activity

        Collapse

        • Pets causing eviction
          Wiffle
          Hi everyone,

          Bit of background to start with.

          We are new tenants of a rental property and told not only our letting agent but our landlord that we were the owners of two dogs.

          The letting agent checked with the landlord that dogs were ok and they agreed as long...
          17-06-2019, 17:15 PM
        • Reply to Pets causing eviction
          KTC
          They can't actually force you to give up your dogs. They can (attempt to) evict you.
          17-06-2019, 22:32 PM
        • Reply to Pets causing eviction
          Wiffle
          You join us and the letting agent in the same thought, does anyone know if there's a set limit of time they can request or is it something they can just make up as they go?

          I can echo that, my kids are all grown up now but my mediocre DIY skills have been called upon many more times for...
          17-06-2019, 22:08 PM
        • Fence damaged by wind, Landlord refusing to replace
          RichH
          Hi,
          Fence at rear of property severely damaged by the strong winds a couple of nights back.
          Informed landlord by phone & also sent photos of damage by email. I have made emergency repairs to stop them going completely, but they are beyond repair.
          Landlord says they were put...
          10-03-2016, 19:01 PM
        • Reply to Fence damaged by wind, Landlord refusing to replace
          tenant83
          2 million+ rented homes in the UK, 14,782 surveyed by an insurance company is just pee in the ocean. You also referenced figures which were obviously in the landlords' favour, we can all do that which is why polls are useless. I can easily say almost half of tenants are unhappy with their landlords...
          17-06-2019, 21:32 PM
        • Reply to Pets causing eviction
          Wainwright
          At any rate it's a tad unreasonable to give someone 2 weeks to rehome their dogs.

          I don't know, but I'd be happier to let to people with pets (within reason, of course) than to those with children!! In my experience and those of other landlords I know, the latter have been far more problematic...
          17-06-2019, 21:18 PM
        • Reply to Pets causing eviction
          Wainwright
          Ah! This is exactly what I was thinking as well....
          17-06-2019, 21:12 PM
        • Reply to Fence damaged by wind, Landlord refusing to replace
          boletus
          [QUOTE=tenant83;n1070209]


          I didn't state any particular survey but 14,782 is quite some heavy weighting.



          Why do you think that is?



          Which is one of the lowest percentages of empty homes in Europe
          -or any other comparable...
          17-06-2019, 21:10 PM
        • Locking Building Doors At Night
          ivand
          Hi everyone, I live in a block of flats (some rented, some owned) with no entry system. The factor want to install a simple lock on the only entry to the building and lock it at night at a set time and give residents a key to get in. I think this is dangerous because it restricts entry by emergency...
          14-06-2019, 17:42 PM
        • Reply to Locking Building Doors At Night
          MdeB
          We have had this discussion for our block of flats.

          The argument for no locks includes "the police advise that having a lock can make gaining entry a challenge to groups under the influence on a Saturday night, but hey are likely to pass on by if it is unlocked".

          ...
          17-06-2019, 21:06 PM
        Working...
        X