Serving a Section 21 Notice immediately

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  • Serving a Section 21 Notice immediately

    Hi all,

    I'm soon going to be a first time landlord. I've read in a few places that it's sensible to serve a Section 21 Notice (1. b) as soon as the tenant moves in. However, I'm a little confused.

    I understand some of the rules regarding these notices, and as it would be served during a fixed term, I gather the expiration date of the notice can't be within the AST itself. So if a tenant moves in on 1 Jan, signs a 6 month AST, my S21 notice can't expire before 1 July.

    However, what happens if I don't want to kick my tenant out after the S21 has expired? And isn't the S21 a bit scary to a new tenant? What is there to reassure the tenant that I won't kick them out the day after their AST runs out?

    Any help appreciated; oh and I have read the article on Section 21 Notices on this site, which was very helpful. Thanks!

  • #2
    There is never any need to serve the S21 along with the AST, since it cannot be used before the six month point anyway. You can always serve it up to the fourth month if you think the T is not right for your property and still have the expiry date at the end of the six month period. Why confuse the T with something that you will not use if they are good tenants. A good tenant is more likely to take it at face value anyway and find another place for when it comes into force, a bad tenant will laugh in your face and not pay the rent.
    my $0.02.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      I was considering getting my LA's to issue S21 at renewals so I could gain as accelerated possession if necessary. What I did was put rent protection schemes in place as I think it sits better with the T rather than having a option to evict them hanging over their head.

      The S21 basically means that their only representation to a judge is by letter rather then the T turning up at the court with the kids in toe and saying the family has nowhere else to live if they are kicked out.

      Again IMO it seems better to manage this process by way of an insurance policy rather than voids/court/bailiffs/pain etc.

      What do others think? (Also have summarized this correctly or missed any points)
      Kind Regards,
      David Croissant

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      • #4
        Originally posted by dmc View Post
        IThe S21 basically means that their only representation to a judge is by letter rather then the T turning up at the court with the kids in toe and saying the family has nowhere else to live if they are kicked out.
        This conjures an interesting image...
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          Originally posted by jta View Post
          There is never any need to serve the S21 along with the AST, since it cannot be used before the six month point anyway. You can always serve it up to the fourth month if you think the T is not right for your property and still have the expiry date at the end of the six month period. Why confuse the T with something that you will not use if they are good tenants. A good tenant is more likely to take it at face value anyway and find another place for when it comes into force, a bad tenant will laugh in your face and not pay the rent.
          my $0.02.
          Exactly,

          I would just move out at the end of the term, without notice, as this is what the s21 is asking me to do.

          It's very bad policy IMO.
          Now signature free.

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          • #6
            Originally posted by lorenzo View Post
            Exactly,

            I would just move out at the end of the term, without notice, as this is what the s21 is asking me to do.

            It's very bad policy IMO.
            Lorenzo is right. The message the tenant gets is : Welcome to your new home, but be aware that we want you out of it by x date).
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              Thanks for all your replies, which basically confirm what I was thinking, particularly in terms of how it looks to the tenant. I had read that it was good practice to issue an S21 Notice once tenancy has commenced, but having listened to your views, I don't think I will, I'll explore some of the other options mooted here. Thanks very much for your help.

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              • #8
                Originally posted by dmc View Post
                What I did was put rent protection schemes in place as I think it sits better with the T rather than having a option to evict them hanging over their head.
                Could you share with us what these were?

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                • #9
                  Originally posted by mind the gap View Post
                  This conjures an interesting image...
                  But someone has to do the legwork and foot the bill.
                  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).

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                  • #10
                    Originally posted by sparkie View Post
                    Could you share with us what these were?
                    Not one of them I use but along these lines:

                    http://www.letsure.co.uk/landlords/rentprotection.htm
                    Kind Regards,
                    David Croissant

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                    • #11
                      For the benefit of the search Sword of Damocles
                      ~~~~~

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                      • #12
                        As I have said before, the practice of serving a S21 notice immediately after the signature of an AST is to bring the AST agreement into line with commercial leases. With a commercial lease, the period is stated and if the lessor is not prepared to renew it, then the lessee is expected to vacate his commercial premises. Of course, this is not the case with an AST for domestic property as a statutory periodic tenancy "kicks in" on expiry of the original agreement - unless a S21 notice has been correctly served. The process is handy for letting agents as they have an excuse for charging the tenant and landlord renewal fees every six months to renew the AST agreement - serving a new S21 notice at the same time. Self managing landlords normally don't bother and as soon as the original six month AST expires, do nothing and let the statutory periodic tenancy agreement take over. Rents can now be adjusted and the S21 process enables a landlord to give two months notice if necessary.

                        P.P.
                        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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