Section 21 and current regulation

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    Section 21 and current regulation

    Hi all,

    I would like to repossess my flat, because due to Covid, economic issues and events I no longer have a place to live.
    The contract is a 12 months AST, started on the 6th of January 2020 with a 6 months break clause, in England.

    I offered a rent discount to the tenant to leave the flat, but he refused.

    My understanding is that I should issue Section 21 with a 3 months notice to leave the flat by the 5th of September, after that I should proceed by tribunal, however today's announcement by the government is that the current temporary regulation will be extended until the 31st of October.

    What I don't understand and ask you is if I can still issue Section 21 as above and if I will have to add myself to the queue for tribunal proceedings, in case the tenant refuses to leave after the 5th of September?

    Thanks.

    #2
    You need to execute the break clause (if you can) and serve notice to end the periodic tenancy that will arise when the tenant doesn't leave.

    I haven't seen anything about the current changes being extended, but, presumably, that would simply mean that the notice would remain 3 months but that the court would continue not to progress any hearings in the meantime.
    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
      Please quote EXACT wording of both break clauses. They may or may not be ok..

      Suspect you should rent somewhere else to live in the meantime.

      What happened that makes you say you've nowhere to live please?
      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


        #4
        Extension of mortgage holiday period was announced today but I haven't seen anything else

        Comment


          #5
          You need to serve notice in line with the break clause (which is not subject to the change to a 3 month notice being required).
          That will end the fixed term tenancy and, assuming the tenant doesn't move out, a new periodic tenancy will arise.

          In parallel, therefore, you need to serve a s21 notice (with a 3 month notice) to bring that tenancy to an end (that notice doesn't need to end at the end of a tenancy period).

          By then, hopefully, the court "stay" will have ended and you can join the queue to go to court to recover possession.

          It's going to take a long time, six or so months at a minimum, and you might be best to use a professional to assist, either a solicitor or an eviction specialist.
          If you make a mistake, it's likely the whole cycle will persist.

          Two other things to consider:
          If your tenancy agreement was a standard one, you may have served notice allowing you to repossess using Section 8, ground 1.
          Once the fixed term has been ended by your break clause, you can increase the rent, which may be something to help change the tenant's mind (although they can appeal any increase).

          Again, a legal advisor can assist.
          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


            #6
            A section 21 notice is in a prescribed format, and, unless it references the break clause, will simply be an invalid s21 notice.
            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
              You may need to try and make a more permenant arrangement for accommodation somewhere as with backlogs it could easily take upward of 9 months to evict the tenant from when you serve notice.

              Comment

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