AST tenant asks to be served under s.21 (for rehousing)!

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    AST tenant asks to be served under s.21 (for rehousing)!

    Hi
    please advice of what can be done with my tenant from hell.
    the tenant has given me notice orally that she will leave the flat at the end of the tenancy agreement so many times. i wrote her a letter a month before the end of the tenancy agrement to confirm what she has told me. but calls me and she confirm that she wants me to send her a letter that i no longer want her in the flat as she wants to get a council flat.
    my question is, i have only 1 week before the end of the tenancy agreement and i really want her out of the flat. when do i issue her with section 21? and which one do i issue as there are 2 section 21, a and b? and do i have to wait 2 months before i proceed with the court eviction?

    also i didnt know about the deposit new law and i still have it with me? do i need to put it with one of the organisations or do i just keep it?

    please let me know ?
    thanks

    #2
    Hi Gal

    Little more info please. When did this tenant move in?
    Ambition is Critical

    I don't profess to be a knowledge in all areas, my advice is based on life experience.

    Comment


      #3
      Originally posted by GAL View Post
      Hi
      please advice of what can be done with my tenant from hell.
      the tenant has given me notice orally that she will leave the flat at the end of the tenancy agreement so many times. i wrote her a letter a month before the end of the tenancy agrement to confirm what she has told me. but calls me and she confirm that she wants me to send her a letter that i no longer want her in the flat as she wants to get a council flat.
      my question is, i have only 1 week before the end of the tenancy agreement and i really want her out of the flat. when do i issue her with section 21? and which one do i issue as there are 2 section 21, a and b? and do i have to wait 2 months before i proceed with the court eviction?

      also i didnt know about the deposit new law and i still have it with me? do i need to put it with one of the organisations or do i just keep it?

      please let me know ?
      thanks



      Hmmmmmmmmmm!


      Issue her with a copy of the S21 that you served her 2 months ago ....................................

      or was it 1 and a half ?



      The Rodent
      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
      W.Churchill

      Comment


        #4
        Originally posted by Rodent1 View Post
        Hmmmmmmmmmm!


        Issue her with a copy of the S21 that you served her 2 months ago ....................................

        or was it 1 and a half ?



        The Rodent

        He never said he issued her with a S21, he said he wrote her a letter


        You need top serve her S21 b IF you serve before the end of AST, ITS A s21 A if you don't serve until after the fixed term period. Remember to serve it correctly and have PROOF of service


        BUT joint the RLA TODAY go to www.rla.org.uk all the information and advice you will need is on there, they also have a telephone helpdesk.

        Comment


          #5
          Originally posted by Rodent1 View Post
          Hmmmmmmmmmm!


          Issue her with a copy of the S21 that you served her 2 months ago ....................................

          or was it 1 and a half ?



          The Rodent
          haha, i'm getting your drfit Simon.
          Don't think porridge is though.
          Ambition is Critical

          I don't profess to be a knowledge in all areas, my advice is based on life experience.

          Comment


            #6
            Originally posted by J4L View Post
            haha, i'm getting your drfit Simon.
            Don't think porridge is though.
            oh yea, like thats going to wash

            Comment


              #7
              apologies, it appears that porridge IS . . . .
              Ambition is Critical

              I don't profess to be a knowledge in all areas, my advice is based on life experience.

              Comment


                #8
                Originally posted by porridge View Post
                You need top serve her S21 b IF you serve before the end of AST, ITS A s21 A if you don't serve until after the fixed term period.
                Let's be a bit more accurate here!
                Section 21(1)(b) is for Notice served DURING fixed term
                Section 21(4)(a) is for Notice served AFTER fixed term.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  Originally posted by GAL View Post
                  also i didnt know about the deposit new law and i still have it with me? do i need to put it with one of the organisations or do i just keep it?

                  please let me know ?
                  thanks
                  Doesn't this part of the post mean that as long as the fixed term started on or after 6th April 2007, section 21 can't be used at all?

                  Comment


                    #10
                    Yes, if the deposit isn't within a scheme for new tenancies after this date then S.21 is unavailable to the landlord
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #11
                      Originally posted by Paul_f View Post
                      Yes, if the deposit isn't within a scheme for new tenancies after this date then S.21 is unavailable to the landlord
                      Paul_f is correct,
                      but remember that SATs are different: no deposit restrictions (and no s.21 in any event), irrespective of commencement date.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Hi

                        i never served her with section 21 as she told me she was leaving at the end of the tenancy agreement and then she has changed her mind. she moved in 11-03-08 and the end of the tenancy agreement is 11-09-08.

                        but now i would like her to leave so i don't know which section 21 to serve her? and do i have to wait 2 months before applying for the court order?

                        thanks

                        Comment


                          #13
                          Originally posted by GAL View Post
                          I would like her to leave so I don't know which section 21 to serve her.
                          Did you not read my post #8, then?
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment

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