2015 Section 21 rule changes

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    2015 Section 21 rule changes

    Hello,

    I am a landlord with a query regarding the most appropriate action to take in order to take back possession of my rented property. With all the changes to serving section 21 notices, I would like an expert opinion and some guidance.

    The tenant moved into the property on 03/05/2014 and an AST were created with a fixed term of 3 months (but rent was paid monthly). When the fixed term expired the tenant was given a new lease for 3 months. This pattern continued up until 07/11/2016. Firstly, can you please confirm that (under the old section 21 rules) that the earliest I could have taken the property back would have been 02/11/2014 (6 months from initial tenancy start)?

    The last lease was for a fixed term of 3 months and ended 07/11/2016. From this point up to the present the tenancy has become a statutory periodic tenancy with rent being paid every month. Do the new rules for serving a Section 21 now apply when serving notice or not? If not why not? i.e. fact that initial tenancy started before October 2015 or is it the fact that it is a periodic tenancy and the new Section 21 provisions do not apply to periodic tenancies yet?

    At the moment I believe the most appropriate action to take is to serve the tenant with a Section 21(4)a notice and give the tenant 2 months notice to vacate the property before starting court proceedings for possession. Do you agree?

    Could you also please confirm (assuming the above is the correct action) that if I serve the tenant with the notice on the 21/02/2018, the earliest I could take back possession would be 06/05/2018 as I have given the tenant 2 months notice but the rent is due on the 7th of every month?

    Kind Regards,

    Landlord123!

    #2
    It's the earliest you can start court proceeding for possession, not the earliest you can take possession. You can take possession earlier if you can get the tenants to voluntarily surrender possession, and it may take up to around 46 weeks longer, if they are advised to hang on to last moment, as the council will if they are trying to get the council to provide for them.

    Comment


      #3
      The correct form is now Form 6, if all other requirements are valid.

      Comment


        #4
        You should give the tenant 2 months notice under s21 - don't specify s21(4)a - allowing time for posting (if you're posting it).

        The best way to make sure your notice is valid is to use this checklist.
        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


          #5
          Originally posted by mariner View Post
          The correct form is now Form 6, if all other requirements are valid.
          <pedantic>Form 6A</pedantic>. Only if Dergulation Act changes applies, which it does of course in this case.

          Do the new rules for serving a Section 21 now apply when serving notice or not
          It applies because the most recent tenancy (not counting SPT) was granted post 1 October 2015. It would apply to all tenancies on 1 October this year.

          In your case, the notice period is 2 months. It doesn't have to end on any specific date. If the tenant leave as a result of a section 21 notice, then the landlord is meant to return any prepaid rent for period after the tenancy has ended.
          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.

          Comment

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