S21 Notice.

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  • S21 Notice.


    I need to have possession of my property back!.


    My estate agent found a couple who wanted to rent my property. I said that I did not want any DHSS tennants. I became unhappy with my estate agents for a number of reasons, and I got rid of them. I went to introduce myself to my tenants and they were fine. I ten asked them to pay the rent to my bank account, only to be told that they were DHSS!, and the Local Authority pay the rent.

    Next, Ithen received a call from one of the partners of the couple, who said that 'he was not getting on with his girlfriend'. He left the property, and his girlfriend was to stay with their child. I then sent another AST to the tennant, but she never received it, I believe her, and she is a great tennant! I have taken legal advice as to wheather she is a tennant or not, as her name was not on the original AST. Her name was on the one that I sent her, but she never received it.

    I now find myself in a situation that I would like some guidance on.

    I do not want to be the landlord from hell - it could be said that she merely has a license, and that I could ask her to leave. I could never do that. I sent her a notice to quit, and the Local Authority approached me saying that she needs proper notice. We agreed that she can have 2.5 months notice. The Local Authority and the tennant have received the notice.

    The local authority have said that she does not have enough points to move, and that to rehouse her will be very difficult as there are 12,000 on the housing list. I know that the notice period will expire in due course.

    I think I may need to start repossession proceedings. What Should I do now? Is there an accelerated repossession proceedure? If repossession proceedings are issued, will the local authority be obliged to move her out. I need to sell my property.



  • #2
    First get hold of the tenancy agreement from the agent (if you don't have one) to see who is the lawful tenant, then proceed from there. The agent must keep financial records for 6 years, and the tenancy agreement for at least 2 after it expires.
    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.


    • #3

      I have the tenancy agreement - and it only has the name of the orignal tennant - Mr Jones.

      Now what do I do?



      • #4
        We need to know more: On what date was the tenancy granted and for how long? Although she claims not to have received it, what was the date of grant and for how long was the tenancy you sent her? If this were to miraculously appear during the court procedings based on the original agreement, they would be scuppered.
        To be quite honest, I get the impression that you would be best advised to approach a professional to carry out the necessary legal work. If you do, make sure that the professional you approach is well versed in landlord/tenant work such as one of this board's advertisers or topic experts.

        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


        • #5

          Thanks for your response.

          Notice has been given to the Local Authority and the tennant, and the notice expires on the 8th May 2008.

          It was sufficient notice, as this was accepted by the Local Autho housing officer who required sight of the Tenancy agreement and that I gave the required amount of notice. By giving the notice, he was then able to award her a number of points on the Local Auhorities waiting list!

          He said that if I do go for S21(b) proceedure, there is the Protection fromEviction Act 1977. I can not understand this at all.


          • #6
            You're not being very clear and that's why there is a dearth of replies.

            Mr Jones is the tenant? right? He's now gone and there's a woman there to whom you have sent a new AST for her to sign that she says she hasn't received? She is now sole occupant (exclude young children)?

            Okay, the problem is that Mr Jones could return and claim tenancy rights so you will have to serve an appropriate S.21 Notice at the address.

            If you have taken rent from the current occupant then you could have created a tenancy but then again who is your lawful tenant? When you refer to the tenant it is in fact Mr Jones so differentiate clearly between your tenant (departed) and the current occupant. I can't really tell you the solution as it's a bit of a mess and you will have to take it one step at a time. You really need proper legal advice to help you through it.
            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.


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