Section 21 notice

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    Section 21 notice

    Hi all,

    i issued a Section 21 eviction notice to a tenant at the beginning of the year, this was due to missed rent and arrears totalling around the two thousand pound mark, women’s aid got involved and advised the tenant to stay at the property, there was a promise of clearing the arrears, this did not happen, due to I’ll health I let this go on longer than I should have but I did not give a new contract, my question is does the eviction notice still stand or do I need to issue another? Can I issue a section 8? Or should I apply for accelerated possession through the court?
    she was on a 6 month tenancy which expired before the initial notice was given, arrears are now past £3000.
    Thank you for your time

    #2
    When did the first 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


      #3
      Section 21 notice is valid for six months from the date it was served. If it's been more than six months since then, you'll have to give a new one.

      You can give a s8 notice if one of the available grounds are met. It's up to you which of the two basis, if any, you want to go to court for possession with. If the rent is payable monthly, at least two months rent has to be unpaid for ground 8 to be valid. Grounds 10, 11 are also available but they are only discretionary.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        When you issued the S21 did you have all the associated documents in place. EPC, gas cert, how to rent, deposit protection, prescribed information?



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

        Comment


          #5
          The eviction notice was given in January, EPC, electric and gas certs were in place but no bond was taken, the tenant had been at the the property roughly 2 years and the last shorthold contract expired November last year.

          Comment


            #6
            A section 21 notice has nothing to do with arrears. If you are trying to evict a tenant on the basis on arrears you need to use the summons procedure (section 8). You cannot claim arrears in accelerated possession proceedings as that is intended as a no-fault procedure when the tenancy has come to an end.
            As the tenancy has come to an end then in your case you can use the section 21 procedure but the EPC and Gas certificate should have been in place and served on the tenant BEFORE he moved in. If not then chances are proceedings will be stayed until the outcome of the appeal in the case of Trecarrel House Ltd v Rouncefield (scheduled for January next year) as no one is sure if this defect can be rectified.

            Comment


              #7
              Originally posted by Glyndwr View Post
              The eviction notice was given in January, EPC, electric and gas certs were in place but no bond was taken
              Your s21 notice is no longer valid because it has timed out, so a new one needs to be served on the tenant.
              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


                #8
                Originally posted by Glyndwr View Post
                The eviction notice was given in January, ........
                A section 21 notice is NOT an eviction notice. It is a notice that the landlord MAY start court proceedings on expiry.

                A s21 does not end a tenancy nor compel tenant to leave: You've been very very lucky.


                Next time, any arrears, s8 immediately: Yes an s8g10 may be validly served if only 1p is underpaid only 1 day. Tenant may take hint and/or realise you know a bit about the law.. But only take s8g8 or s21 to court.

                Given your name, is this Wales ? (I had an uncle Tudor...)
                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


                  #9
                  So should I serve a Section 8 or Section 21? I am receiving partial rent from Housing benefit but the tenant should be topping up the rent but she isn’t, so the arrears keep increasing, I need her evicted as quickly as possible.
                  thanks for all your help.

                  Comment


                    #10
                    Yes that’s what theartfullodger, I’m from Wales, so you think that I should submit a Section 8 notice? given the fact, as explained in my last post, the arrears are increasing weekly

                    Comment


                      #11
                      Yes, issue s8 TODAY! But evict with s21 if possible.

                      Explain verbally to tenant what "intentionally homeless" will mean.

                      OK, so you are from Wales: Is property there, or Engerland, please? (Laws are different)
                      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


                        #12

                        The property is in Wales.
                        I've never done this before so how do I go about issuing a Section 8?

                        Comment


                          #13
                          s8 is easy to defend if T has notifeid LL of work needing to be rectified. Also, no good if total rent owing is less than 2 months on date of hearing.
                          Always seperatly send s21 & s8 at sinilar time.

                          Comment


                            #14
                            That's s8g8. s8g10 doesn't require any minimum, although the court has discretion and would normally apply it. Normally they would exercise discretion in favour of the tenant, but that might not be the case if it was clear the debt would continue to rise.

                            Incidentally, the OP said they "need" the tenant out, but didn't explain why. A short fall of rent is probably more a want than a need, unless the OP is in difficulties themselves.

                            Comment


                              #15
                              Originally posted by Glyndwr View Post
                              The property is in Wales.
                              £$%^&*()_$%.

                              Then the s21 you previously gave is still valid assuming it was valid in the first place, i.e. you and the property is registered and licenced with Rent Smart Wales. You can issue the claim in court at any time.
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

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