advice please diehards

  • Filter
  • Time
  • Show
Clear All
new posts

  • advice please diehards

    hi all,
    i do apologise for being a silent member, this is due to me being a yr into my landlord apprenticeship and all my time is spent reading just about every post and learning.
    here goes... i have a hb tenant 4 months into a fixed 6 month ast (deposit was protected at on-set), term being 30th nov 07 - 29th may 08. the claim is still on going and the tenant has been very slow in returning paper work and at times very hard to get hold off and un-cooperative. i want to protect myself and issue her two months notice just incase the claim is still on going at the 6th month.
    am i right in saying that a recored delivery letter basically stating that i the landlord give you the tenant 2 months written notice to vacate the property on the 29th may and the letter i send has to be dated 30th march 08 (6 days ago) 0r the 29th march 08. is this the correct way to go about things or do i require s8/s21 route. i need to protect myself as i aint received a penny for 4 months.

    thank you all in advance for taking the time to read and share your knowledge and experiences.


  • #2
    There's plenty of posts on S.8/S.21 scenarios if you just scroll through the forum.

    You've missed the deadline for serving the s.21 Notice to be effective on 29 May but at the moment you can serve a S.21 (1)(b) - don't get it wrong, as you are still in the fixed term and can make it effective before 29 June.

    Just serve the Notice as you suggest by recorded delivery. If you did it tomorrow 7 April and put the date that you require possession as 11 June then it would be suffieicnt for service to be valid (I won't go into all the details). You can get a free S.21 form of this site from the home page under "forms", but use the right one as I've said.

    Your alternative to a quicker possession is because of the arrears serve a S.8 Grounds 8,10 & 11 on the tenant now, and you can apply to the court after 14 days.

    There is loads of info on this site as to the mechanics of S.8 & S.21
    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
      thank you for taking the time to reply, its very much appreciated. i have another scenario where the hb tenant is paying a £40 a week top up while the claim is going through. he is on a 6month fix ast and even though he is paying his top up can i still request possession after the fourth month so he vacates at the end of the term. if yes on what grounds.

      yet again thank you


      • #4
        T has to pay rent. Funding source is only a secondary consideration. His arrears count against him, no matter why or how they arose.
        Do macro search re grounds 8/10/11 in Schedule 2 to Housing Act 1988. If one of them applies, or even > one, serve T under s.8 of Act.
        This Notice can be served at any time. The two-month requirement of s.21 is inapplicable to s.8. If T is still in arrears after two weeks fro ms.8 Notice, begin proceedings.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).


        Latest Activity


        • Three guarantors = three guarantees of deed or just one?
          I will have three guarantors as there are three (student) tenants. The agency has sent me a guarantee-of-deed sample, but i'm not sure whether i should send a separate one to all guarantors, or just have one listing all guarantors. What do others on here do?
          25-07-2017, 10:05 AM
        • Reply to Three guarantors = three guarantees of deed or just one?
          How will you know who actually signs? Either do it front of you after copying id or via solicitor
          25-07-2017, 12:40 PM
        • Burglary Damage - Who Pays?
          Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
          25-07-2017, 11:40 AM
        • Reply to Burglary Damage - Who Pays?
          It is landlord's responsibility, he may then choose to charge you for it (don't pay).

          If he refuses to fix it, not a lot you can do, sorry
          25-07-2017, 12:37 PM
        • Reply to Burglary Damage - Who Pays?
          What was stolen?
          Did you have personal contents Ins?
          LL is resp for repairing the door, which he may claim from your deposit or give you the bill to pay.
          Why did you not notify him of broken mortice lock, which gave burglar easier access and may have compromised LL's Ins?
          25-07-2017, 12:37 PM
        • Freeholder Scaffolding Over My Flat
          I have a leasehold studio flat with a garden in London that I rent out to tenants.
          Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
          24-07-2017, 21:20 PM
        • Reply to Freeholder Scaffolding Over My Flat
          I would also have thought this was a case where planning permission was needed, as being flats, the normal permitted development rights, for extensions, would not apply. In that case, you, or rather your tenant, who should have forwarded it to you, should have received a consultation letter from the...
          25-07-2017, 10:55 AM
        • Reply to Three guarantors = three guarantees of deed or just one?
          Each guarantor is guaranteeing their own student's liabilities, so there needs to be three deeds.

          Remember that each guarantor needs to see the tenancy agreement that they are guaranteeing (or one that is identical in terms) before they sign any deed and you should advise them in writing...
          25-07-2017, 10:34 AM
        • Reply to Freeholder Scaffolding Over My Flat
          I'd suggest that tell the freeholder that your tenants are so badly affected by the work that you will either have to allow them to leave or offer a significant incentive to stay - which might be equal to all of the rent as compensation (if they were to leave). And see how they respond.

          25-07-2017, 10:30 AM
        • AST end date 31/07/17 advice needed.
          Hi, Guys, I have posted a few threads on this forum now and although the section 21 notice is probably invalid I don't want to let the landlord know that yet.
          I'm after help with writing my landlord a letter. He wants us out on the 31/07/17 and keeps asking me how I intend to leave the keys for...
          25-07-2017, 09:54 AM