What is the best day of the month to serve S21 notice?

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    What is the best day of the month to serve S21 notice?

    My tenant moved in on 29th of the month seven years ago. I was thinking of serving in on the 1st January but maybe another date would be better.

    #2
    Any day you like. Just ensure at least 2 months notice from date of service (usually later than date of sending). Today is fine

    Check it's ok by googling nearly legal section 21

    You'll appreciate that an s21 , even if valid, does not end tenancy nor compel tenant to leave.

    Many s21s are invalid (EPC, gsc, deposit errors etc etc)

    Why do you wish to evict tenant? Assuming (7 years suggests) they're decent tenants worth talking to them 1st and explaining what's going on. Promising good references etc may be helpful.

    January would be kinder of course.
    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


      #3
      Originally posted by theartfullodger View Post
      Why do you wish to evict tenant? Assuming (7 years suggests) they're decent tenants worth talking to them 1st and explaining what's going on. Promising good references etc may be helpful.
      Seconded..

      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


        #4
        Ist Jan is a Saturday, so I would either do it on the Friday or the Monday, as getting this on New's day isn't ideal, and I'm sure you have better things to do.

        Comment


          #5
          Why do I want to evict her? I've talked about it before but here goes. it's several things which have all come together and played their part.

          The firm that was managing my flats merged with another in July and I thought I might as well do it myself. I said that when the current tenants left I would sell the flats.

          My tenant contacted me a month ago and said she was having trouble with her electrics. The flat is large and all electric with new night storage radiators and she told me that the electricity situation was getting out of hand, her £140 rebate had only lasted two weeks. It took me a week to get to the bottom of the trouble there.

          I suggested she would be better off getting a smaller flat with gas central heating, she agreed but she wanted somewhere that she could 'love as much as my flat'. Looking at the flats to rent I could see that the lowest two-bed was £750 pcm. She said that was too expensive. She has started a university course in education. She is a month behind with the rent.

          The rent had only gone up by £25 in nine years and I hadn't kept track of rents, which was silly I know. On the one occasion it was mentioned, the firm who were managing the flat said that she couldn't afford any more. Looking back I feel they were looking after her more than they were looking after me. I then realised that the rent of almost identical flats is a lot higher than I am getting. She is paying £725 when the identical flat a floor down was let this month for £1000 pcm within days.

          Last month I decided to sell the flat I am living in and buy a house having got fed up with leasehold. The extra money would be helpful and I can pay off my daughter's mortgage. I had considered selling the flat with her in it. That would be daft as I wouldn't get so much for it and the new owner would put the rent up and she would have to leave anyway. That left only one alternative, she needs to move to somewhere she can afford and I need to sell the flat with vacant possession.

          I can understand that this has come as a bit of a shock to her and I want to make it all as easy as possible. I need to help her understand that she won't be able to afford a 2-bed. Not only that there are only 3-one bed flats under £700 and some of them come with restrictions as who they can be let to - need a guarantor, need to have an income over £18K etc. This is a very large town with a population of over 100,000 so not some backwater. She has an 11 year old son hence the need for a bedroom.

          I need to be careful with the S21. The deposit is safe, no gas, new EPC, I'm sure the agents gave her a copy of 'how to rent'. Anything else spring to mind?

          I think I may issue it next week to concentrate her mind so that she will look for something during the Christmas break. She can stay longer but now I want it to be sorted as soon as possible. I don't want to put my flat on the market until the conveyancing on this flat is completed. And how long will that take?

          Comment


            #6
            Now isn't usually a good time to look for property to rent, people are getting ready for Christmas, not thinking of moving.
            It get's busier in the new year as people split up!
            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
              In your shoes I'd serve s21 Jan 2nd week, after speaking to tenant 1st and explaining.

              I'd also serve s8 for arrears. She just might take the hint. Perhaps verbally (only) explain "intentionally homeless"

              But hey, free country do it when you like.

              Are you confident s21 will be valid, please?? See
              https://nearlylegal.co.uk/section-21-flowchart/
              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


                #8
                The nice way would be to talk to the T and explain that you ARE going to sell the property and the T needs to find a new place.

                If this fails, increase rent, and serve both notices, I wouldn't bother about advertising your property at the moment, as the T may not allow viewings so would be a waste of time, get possession and then sell the property. Alternatively if you want to sell quickly, sell it with the tenant in-situ via an auction.

                Comment


                  #9
                  I think it's ok! There was a mention on the pdf that I had to tell the tenant about the deposit before or at the same time as I serve the S21. On the government website it says "You also cannot use a Section 21 notice if you have not given the tenants copies of:
                  • the property’s Energy Performance Certificate
                  • the government’s ‘How to rent’ guide
                  • a current gas safety certificate for the property, if gas is installed
                  • You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in."
                  • I asked the lettings agent and she said that all the correct documents are issued without fail. She also said that it's always better for the tenancy to end at the end of the tenancy period so there is no confusion with rent payment and no need to make any refund."
                  However, I'm now thinking I will issue it on the 14th December, half way through the month, so that she will have time to look around before the spring term starts on 10th January.

                  I have been explaining things to her. I hope she understands it better than she did the electricity. The flat needs a new immersion heater and I've asked her if she wants it done now or after she leaves. She hasn't replied. I wonder how it will all work out, people are very unpredictable!


                  Comment


                    #10
                    Have revised that. I will explain it all and her options at the weekend and tell her that I will issue the S21 on 29 December. I do want it to work out well for her.

                    Comment


                      #11
                      Given you want to do the right thing, and that is a very good thing and thoughtful, would having the conversation not be best after xmas...... the talk you will have with her will certainly put a real downer on the whole period. I can see that the current market will be a genuine shock to her, i had a conversation (in passing) with a local estate agent i have known for years and he told me how much a recent property has let close to mine...... mine has one more bedroom and is a better layout, i was stunned, i thought i had an good idea what the rents were and how far behind i was, it turns out, i do not have a clue. I will also need a '' conversation '' with my tenants in the new year but that is for a rent increase as i am in real danger of letting them also get way behind.

                      Comment


                        #12
                        Originally posted by NaomiB View Post
                        I don't want to put my flat on the market until the conveyancing on this flat is completed.

                        And how long will that take?
                        How long is a piece of string?

                        Impossible to say.

                        Comment


                          #13
                          Yes, I know how unpredictable buying and selling places can be. My shortest was two and a half weeks, longest, I don't dare to think back to those.

                          I have written to her and explained I will be sending the S21 and that I will help her all I can. She can't afford a 2-bed but I should think that a one-bed flat with a fold up bed in the living room will be alright. However, there very few available, lots of one room, house shares so I think she will need help. I could have left it until after Christmas but she will need all the time she has got. Also, Christmas might be a time when she can talk to her family about it.

                          Having worked out that the immersion heater needs replacing, I wrote to her a week ago asking if she wants the work done now or after she has left but I got no reply to that. I think I must get it done or she might turn up at a court hearing saying she's had no hot water. Watching those programmes on TV has got me a bit clued up!

                          Comment


                            #14
                            Originally posted by NaomiB View Post
                            Have revised that. I will explain it all and her options at the weekend and tell her that I will issue the S21 on 29 December. I do want it to work out well for her.
                            You appear to think that you have to give two months' notice.

                            That is not correct.

                            You have to give at least 2 months' notice.
                            So you can issue notice now with possession after 28th February (if you want it aligned with tenancy start date.

                            If you issue it on 29 December, then you cannot seek possession "after 28 February" as that would be less than 2 months.

                            Comment


                              #15
                              Originally posted by NaomiB View Post
                              I'm sure the agents gave her a copy of 'how to rent'.
                              If the tenancy started 7 years ago, than I think H2R did not exist at the time, and there is no requirement to provide it.
                              However, if a follow-on tenancy was agreed more-recently, then H2R might have been required.

                              Comment

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