Procedure after date on S21

  • Filter
  • Time
  • Show
Clear All
new posts

  • Procedure after date on S21

    Hi everyone

    I need to pick your brains again. We issued a S21 to a DSS tenant who have not paid part of her rent for 2 months (part of her rent is paid by Housing benefit office). After the date on S21, what procedure do we follow? What do we do if she do not move out?

    She is claiming that we cannot ask her to leave because she have 2 children.

    Please help.

  • #2
    Originally posted by jhewitt View Post
    She is claiming that we cannot ask her to leave because she have 2 children.
    She can have 2 children, 3 goats and a cornbeef sandwich if she likes! None of which makes any difference.

    If you have issued a correct notice ( got your dates right etc ) and the notice period has run it's course, then go to which will give you all the details you need to obtain a possession order.

    Once the order is obtained, if she still doesn't leave then you will need to appoint the bailiffs.

    Good luck, and come back to the forum if you get stuck or need any more help.


    • #3
      Hi Colincbayley

      Thanks for the advice, but the website is not working. Has it changed recently?



      • #4

        Mind you all you have to do is put the information into Google to get it out!

        You have to try and help yourself now and again!
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


        • #5
          when u are going via the courts with the website route, do u still need to organise yrself solictors etc when getting the possesion order. im not sure how it goes... whats the procedure exactly, can u do all this yrself, or is it best to get a company like landlord action to deal with it for u....

          also on the website pcol i was checking it out earlier, it states you can use it for "possession claim for residential property by - a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage."

          it says solely on the grounds of arrears of rent. a section 21 may not be due to arrears of rent(maybe you just want the house back from good tenants), so does this website route apply for a sec.21 or just a sec.8?


          Latest Activity


          • Tenant threatens legal action
            Hi all

            A former tenant of mine whom moved out without giving 4 weeks notice as per his contract is threatening legal action over a deposit which I did not protect in time and was returned to him in full once the admin error was realised (my farther usually deals with the paperwork)
            16-08-2017, 16:16 PM
          • Reply to Tenant threatens legal action
            Without wishing to sound rude, you don't sound at all competent to head this off without help.

            I'd recommend you instruct a good solicitor specialising in property to deal with this on your behalf.
            22-08-2017, 05:09 AM
          • evicting a tenant
            Hello there, I have been renting my property for the last 2 and a half years and have been doing so with a 6 month AST contract. At the end of the current contract (which I renewed last weekend) I wish to take the property back, I stated this to my tenant before the tenant signed the current contract...
            20-08-2017, 14:49 PM
          • Reply to evicting a tenant
            Get a new GSC arranged. A valid GSC is a requirement during any Tenancy..
            T does not have to vacate on expiry of Repo Notice, she could remain your T until legally evicted by Court Bailiffs after a further several weeks/months.
            For ~£50 (tax deductible), is it worth the risk?
            22-08-2017, 01:50 AM
          • Joint tenancy deposit responsibility
            Hi Guys,

            I was wondering if you could advise me on where I stand. I have a property which I have rented out for the last four years to a group and each time one person leaves then the original guys source a new person and just give the incoming deposit back to the outgoing person and I...
            20-08-2017, 11:41 AM
          • Reply to Joint tenancy deposit responsibility
            Sloppy LL'ing.

            When did original Tenancy commence with original Ts?
            Who, if anyone, still remains?
            Did you nominate a T to do your job ie return ind deposits, check new Ts for Right to Rent, conduct nec checks on new T?
            Give permission for him to sub-let?
            How do...
            22-08-2017, 01:10 AM
          • Reply to Joint tenancy deposit responsibility
            Sounds like the guy who contacted you was your tenant's lodger, doesn't it? Therefore it's up to tenant whether to return deposit or not. (Sounds like room was left in a bad state.)
            21-08-2017, 23:43 PM
          • Reply to evicting a tenant
            Thanks for the confirmation, so would this be ok to send to the tenant?

            I am thinking of using this template as it seems to be the best one available. I will send that and a letter stating that I will let them end there tenancy...
            21-08-2017, 22:41 PM
          • Reply to Tenant threatens legal action
            I suppose on a positive the fact you returned it BEFORE the tenancy ended is in your favour.

            No win no fee solicitors like straight forward cases.

            One of the first questions they ask are if there are any rent arrears or claims to damages. You may well ward them off with a ...
            21-08-2017, 22:27 PM
          • Reply to Joint tenancy deposit responsibility
            The short summary is that the situation you have created is the proverbial dog's breakfast.

            Who is your tenant? The fact that you cannot answer that question means that you are lining yourself up for massive problems.

            You have two basic types of tenancies - where you have every...
            21-08-2017, 22:22 PM