Section 21 help and forms

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    Section 21 help and forms

    Hi

    I have a tenant that i want to give notice to to vacate the property. I think it is all going to go ammicably to be honest and im prepared to be flexible with them moving out in terms of money and dates. I do however want to do everything correctly aswell incase it all goes pear shaped and they put any resistance up. With that in mind would any experienced individual tell me how to go about this........i know i have to serve a section 21 notice but i have a few questions.

    1, Is there anywhere i can get a template of this form
    2, I know i have to give 2 months notice but is that from today or 2 months from the rental agreement day?
    3, To prove i have served it is there anything i have to do as it will likely just be put through the letterbox after speaking to them on the phone.

    Regards and thanks

    #2
    The forms are on this site. Use the search box.

    Have you protected the deposit in one of schemes, given the tenant a current gas certificate (CP12), given the tenant the EPC for the property and the 'How to Rent' Booklet?
    All these are necesary for your Section 21 to be valid.



    Freedom at the point of zero............

    Comment


      #3
      When did the latest tenancy start?
      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


        #4
        Originally posted by i-spark View Post

        1, Is there anywhere i can get a template of this form
        Form 6a here...
        https://www.gov.uk/guidance/assured-tenancy-forms

        2, I know i have to give 2 months notice but is that from today or 2 months from the rental agreement day?
        Depends when tenancy started.

        When you think you have the s21 correct, check it against Mark Prichard's checker...

        https://markprichard.co.uk/content/d...ecker-tool.pdf
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Hi, thanks for the replies.

          I gave the tenant the EPC, gas certificate and the how to rent guide. She signed to say she had recieved these. The tenancy is a few years old now, started out as a 6 monthly which has just carried on as an AST.

          She pays me a month in advance on the 10th of every month. Oh and yes the deposit is held in a scheme.

          Regards

          Comment


            #6
            Originally posted by jpkeates View Post
            When did the latest tenancy start?
            Unless you answer this, we can't answer your question.
            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


              #7
              and for what fixed Term?

              Comment


                #8
                Apologies for the lack of clarity.

                The tenant went in about 5 years ago on a 6 monthly set up by a letting agent, this lapsed into a statutory and she has been there ever since. I took over managment of the property myself 18 months ago after numerous bad experiences with the letting agent. I have kept ontop of everything regarding gas certs, deposit schemes ect. The originol letting agreement was left in place when i took over from the agent.

                Regards

                Comment


                  #9
                  In which case
                  1 - There are, but you don't need one. You serve notice under section 21 of the Housing Act 1988 (as amended). Address it to the tenants names on the tenancy agreement and ask for possession of the property on or after a date two months from now (or allowing 2 business days if posted).
                  2 - As above, 2 months from when it's served.
                  3 - If you do this, take a witness. Otherwise first class post from a post office with free proof of posting

                  Check everything here before posting - 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


                    #10
                    Thankyou for the information. The tenant has been good upto this point so i want to be fair whilst still following the correct legalities.

                    Regards

                    Comment


                      #11
                      Why do you need to evict her via s21?
                      If she is willing to vacate, she can just give you valid, min 1 month NTQ to expire at end of a Rental period, to avoid the risk of having to pay the Hearing costs of approx. £375-£500.

                      Comment


                        #12
                        I dont really think she will be happy about it to be honest mariner. I dont anticipate any resistance but she probably wont be willing to put in the 1 month notice herself.

                        What hearing costs would they be?

                        Comment


                          #13
                          Your hearing cost + Bailiff fees, which you can ask Court to award against T.
                          It can take up to 44 weeks to evict a reluctant T.

                          Comment

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