Section 21

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    Section 21


    Hi

    My tenant was struggling to pay rent, they wanted to move to council house. And asked me to serve notice.
    I served them the section 21 Notice on 28Apr2020 and gave them 4 months to vacate the property on 31-Aug

    Since then the tenant says he doesn't want to move out and will stop paying rent all together and says that I cannot serve him notice because of COVID 19 and illegal. Is that correct?

    I served him notice of 4 months as I understood I need to give him at least 3 months notice due to COVID 19. Is this understanding correct?

    The 12 months fixed period on AST has already expired when the notice was served.

    What are my options?
    I found a few solicitors on the web doing "no win no fee" evictions.. Anyone's got experience with them ?

    #2
    If your s21 notice is valid (google nearly legal s21 checker) when it expires you can take the tenant to court to process the s21 notice. Then execute the possession order with bailiffs.
    The costs of that hearing and the bailiffs are added to the tenant's debt.

    If your notice is not valid, sort out the issue a serve a new notice.

    The courts aren't currently carrying out any possession hearings and will probably resume with a big backlog.

    If the tenant doesn't pay rent, you can serve another notice under section 8 or take them to the small claims court which will result in a ccj for them.

    For the avoidance of doubt, serving notice because the tenant asks you to means the tenant is deliberately making themselves homeless and the council would probably decline to help them of they found out.
    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
      Thanks.. so serving the S21 on
      28Apr2020 was not illegal is what I understand with the COVID 19 rules..as long as I followed the correct process (tenant already had How to rent guide, Deposit protected, EPC, Gas Safety)..is that correct?

      Comment


        #4
        s21 is not illegal and not banned.
        The period of notice was extended from 2 to 3 months, and courts were ordered not to proceed with any cases or appeals for 3 months.
        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


          #5
          If he wanted to be evicted and had been "struggling" to pay I would not have served s21 but only S8 for arrears, and copied council.

          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


            #6
            Serve both notices S21 and S8 as belt and braces. Then you will see which one to use and when.

            Comment


              #7
              Originally posted by zrux View Post
              says that I cannot serve him notice because of COVID 19 and illegal. Is that correct?
              No.

              Many tenants (and others) have misinterpreted the changes to landlord notices for possession.
              What has changed is:
              1. The notice period before court action can start has been extended to 3 months.
              2. The courts are not hearing any possession cases for 3 months (from whatever date it was announced).
                So notices issued before the announcement cannot be pursued during the 3-month period.
              Not paying rent is may become a defence if it was due to Covid-19, but failing to discuss the issues with the LL ought to count against the T.

              Comment


                #8
                MdeB

                The tenant should produce evidence that he is not paying rent due to coronavirus. Also it does not mean he should continue living in the property forever and not pay rent due to coronavirus

                Comment


                  #9
                  The tenant should move to a cheaper accommodation which he can afford.

                  Comment


                    #10
                    Originally posted by Perce View Post
                    MdeB

                    The tenant should produce evidence that he is not paying rent due to coronavirus.
                    Yes for S8G8, but for the discretionary grounds it is for the LL to persuade the judge.

                    Comment


                      #11
                      It is not clear yet what is going to happen with evictions. The ban may be extended till the end of the year. It is becoming almost impossible to evict a tenant. The government will make a decision shortly.


                      Comment

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