Section 21 Notice Validity

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  • Section 21 Notice Validity

    After having arrears problems with a tenant I issued them with a S21 notice last year, which expired on 24th Oct 2004 (over a year ago). The arrears were never really dealt with and pretty much stayed the same, but I tolerated it (fool). Arrears are now building further and I have had enough. My question is this :- Can I still use the existing S21 notice or do I need to serve a new one??

    Thanks for any helpful comments.

  • #2
    Provided you have correctly completed the S21, it has no expiry, indeed many people here issue a S21 at the Start of the tenancy which could stay open ended for some years. That said, Judges can be fickle and you may be unlucky and get s one who is not sure of the rules.

    I would use the the S21 you have, however, it will not invalidate if you issue another as backup.

    How far are they in arrears?


    • #3
      You do have to ensure though, that any monies that may have been paid after the possession date is accepted as mesne profits not rent, or you could have started another tenancy agreement.


      • #4
        Thanks for that. She's about 2 months in arrears, so I assume you're thinking about me issuing a Section 8? I'd thought about it but it seemed a much more uncertain procedure to go down that route? I've heard stories that she could attend the hearing with a token payment of rent and the whole thing start over! :-( From what i've read if my S21 is valid, the judge must give possession regardless of arrears or any other reason I might have?


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