Section 21 help pllllease to sell

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

  • SusieB19
    started a topic Section 21 help pllllease to sell

    Section 21 help pllllease to sell

    Evening everyone
    I am about to serve a section 21 so we can sell and I am paranoid about getting the dates correct. can anyone confirm which date I should use?? The circumstances are:

    6 months short term tenancy began on 28/09/17
    on 28/03/2018 it is going onto a periodic tenancy

    We require possession back and need to serve the section 21 and give two months notice to gain possession back on or around 28/05/2018.

    On the section 21 where it says 'You are required to leave the below address after DATE'...should I put the date we serve the Section 21, or the end of the two month notice period which would be 29/05/2018..

    Sorry if I've made that more complicated that it should be??! Hugely appreciate ANY help at all.
    many thanks in advance
    Also..is emailing the documents and/or hand delivering the documents adequate to prove it was served or do you need to send it registered?

  • KTC
    replied
    At least 2 months from the deemed date of service. So if your tenancy agreement say notice is considered served say 2 business days after you post the notice to the tenant first class, and you're going to be posting the notice to your tenant, then it's two months + 2 business days from you posting the thing.

    What does your tenancy agreement say about how notices may be served?

    A section 21 does not end a tenancy, your tenant does not legally have to leave. Expiry of a valid section 21 merely allow you to make a claim to court for possession of the property. Average time for all possession claims in England and Wales from issue of claim to eviction by bailiffs is about 40 weeks. Unopposed accelerated possession, maybe 3-6 months if you're lucky.

    Leave a comment:

Latest Activity

Collapse

  • Long tenancy, minor points on c/out, LL witholding deposit
    SPW
    I've been renting for years in a few properties all over and I have never had any disputes over my deposits ever. We're good tenants. I've just moved and this LL is going to make vexatious claims against my deposit. I have Agent on my side. Their inspection report was glowing apart from a couple of...
    18-04-2019, 12:43 PM
  • Can we follow the German model?
    midlandslandlord
    A thought experiment.

    The standard practice is Germany for long term rental is to rent a shell, and T supplies kitchen and bathroom (and carpets?).

    Given that we and our tenants are just being .. er .. fooked over by another crazy set of rules wrt fees and prevention of recovery...
    18-04-2019, 07:28 AM
  • Reply to Can we follow the German model?
    DPT57
    This sort of model, which of course only really applies to family lets, requires the tenants to accept that they are going to be tenants for many years if not life and accept the property as their settled home for a good chunk of that time. I dont think we have enough tenants with that sort of mindset...
    18-04-2019, 12:30 PM
  • Landlord trying to keep deposit
    cherrie
    My former landlord and letting agent are trying to withheld my deposit. (England 12month AST).
    They are trying to claim I caused damage to the carpets and walls but this damage actually belongs to the second flat in the same building and was caused by the previous tenant of that flat who left...
    15-04-2019, 18:04 PM
  • Reply to Landlord trying to keep deposit
    MdeB
    You appear to be saying that there are two identical flats in the building and that they do not share any common facilities.

    You further appear to be saying that the other flat was vacated 4 months ago and left in a poor state, AND that the Agent is using photos of that flat to claim money...
    18-04-2019, 12:24 PM
  • Reply to Landlord trying to keep deposit
    jpkeates
    It would depend on the wording, but generally speaking the tenancy agreement documents the terms of the tenancy and doesn't have an existance separate to it.
    It's not helpful that in England, land law and contract law operate slightly differently, but the idea (for example) that the contractual...
    18-04-2019, 12:12 PM
  • Reply to Landlord trying to keep deposit
    MdeB
    Yes, the tenancy ends, but what about the contract?

    The contract says that it will continue beyond the fixed term unless notice is served to prevent that.
    Shelter seem to believe that if the contract says T must give notice, then LL has a case if T does not.(https://england.shelt...
    18-04-2019, 11:52 AM
  • Reply to Landlord trying to keep deposit
    MdeB
    You did exactly what your contract required, so notice is deemed served.

    You may wish to point this out to them....
    18-04-2019, 11:42 AM
  • Reply to Landlord trying to keep deposit
    MdeB
    Of course T can serve notice during the fixed term. It is just that T cannot serve legally-binding notice to quit during the fixed term.

    There is nothing to stop T serving notice on L stating that that they do not intend staying in the property beyond the fixed term....
    18-04-2019, 11:40 AM
  • Switch Agent?
    charliesunnysky
    The owner of the lettings agency who manage my property sold the business on to a small independent chain 2 months ago, and the 2 staff who worked there apparently moved on for personal reasons, both on Friday.

    An employee from the chain has been drafted in to cover. 2 months ago my letting...
    15-04-2019, 12:11 PM
Working...
X