Do I need to issue a new Section 21?

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    Do I need to issue a new Section 21?

    I issued a Section 21 to my tenant at the end of January 2020, they still have not left, will I need a new Section 21 before I can take them to court? I read something about them only being valid for 6 months.

    #2
    You don't need to unless you want to be able to take court action using s21.

    It's also quite likely your s21 may be otherwise invalid. Google s21 checker and carefully ensure all paperwork and proofs of service are perfect.

    An s21, even if valid, does not end a tenancy nor compel tenant to leave. Only court action then Bailiffs can do that.
    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...

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      #3
      S21 notice is only valid for 6 months. If issuing a new one make sure it is on the Covid 19 form giving 3 months notice (previously it was 2 months).



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

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        #4
        Issued a section 21 back in January, tenant still has not left, can I use section 13 and increase the rent by 25% to force them to leave?

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          #5
          I would suspect all it will achieve is that they stop paying and you will have rent arrears, and a T still living at the property.

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            #6
            What makes you think tenant won't appeal s13 notice (as the notice tells them how) on the grounds that 25% is unreasonably large increase?
            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...

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              #7
              Originally posted by theartfullodger View Post
              the grounds that 25% is unreasonably large increase?
              Is that really a ground? I thought it went solely on the open market rent, nothing to do with size of increase.
              (Genuine question, never had one challenged)

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                #8
                Originally posted by boletus View Post

                Is that really a ground? I thought it went solely on the open market rent, nothing to do with size of increase.
                (Genuine question, never had one challenged)
                Thats also my understanding, but most landlords won't be charging 25% below the market price such that that sort of increase would be regarded as fair.

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                  #9
                  Originally posted by DPT57 View Post

                  most landlords won't be charging 25% below the market price
                  True. Although existing tenancies are 10%* less than new tenancies on average.



                  *IIRC

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                    #10
                    Any rent allowed will set the rent for min 12 months.

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                      #11
                      Originally posted by DPT57 View Post
                      most landlords won't be charging 25% below the market price
                      Your maths is wrong.

                      If a 25% increase would bring it up to a market rent, then it is currently 20% below market.

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                        #12
                        Rent is about right, looking to force them out by pricing them out

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                          #13
                          Originally posted by DoubleFlip View Post
                          Rent is about right, looking to force them out by pricing them out
                          And yet some landlords wonder why landlords get a bad name....
                          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...

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                            #14
                            Originally posted by MdeB View Post

                            Your maths is wrong.

                            If a 25% increase would bring it up to a market rent, then it is currently 20% below market.
                            Yes that's right. Loosely worded on my part.

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                              #15
                              Originally posted by DoubleFlip View Post
                              Rent is about right, looking to force them out by pricing them out
                              They only have to appeal to a tribunal, which the notice tells them how to do.

                              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).

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