My s.21 Notice will soon take effect; what else do I need?

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  • My s.21 Notice will soon take effect; what else do I need?

    I've issued the tenant with a Section 21 and it's due to take effect on the 9th of next month: 18 days time.

    Other than reminding the tenant (who currently owes 4 months rent) that he will need to move himself, his family and all his belongings from the property before midnight on the 9th/10th, is there anything else I should do to make the process as painless and trouble free as possible?

    TIA

  • #2
    What about the inspection of the property, contents check and key hand over. Regards Peter

    Comment


    • #3
      Thanks Peter.

      Is that before they've got everything out or after (when any deficiencies may well be more apparent)?

      Comment


      • #4
        Why not S8? Has he found new accommodation?

        Other than that query, hope for the best but prepare for the worst (namely, that the tenant doesn't leave and that you will have to gain possession through the courts).

        A tenant in arrears in extremely unattractive to landlords and he will struggle to find accommodation to move into, or perhaps he will ask his local council for advice about his imminent homelessness and be instructed to remain in the property until the landlord gains a court order.

        Comment


        • #5
          I have a strong feeling your tenant will still be there on 10th April.
          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.

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          • #6
            Originally posted by Paul_f View Post
            I have a strong feeling your tenant will still be there on 10th April.
            For once I agree with you.

            OP, why not issue a s 8 now by hand, (get evidence of service) then a fortnight later, apply for a possession order and payment order at the same time.
            '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
              Originally posted by Paul_f View Post
              I have a strong feeling your tenant will still be there on 10th April.
              Through the mists of time Mystic Agent46 has a strong feeling you're not going to answer the arguments raised in the thread which discusses whether or not a tenant who has been served a s.21 notice can lawfully give up possession without serving a counter-notice.
              Health Warning


              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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              • #8
                Originally posted by Beeber View Post
                Why not S8?
                I previously served an S8 but then realised that, although the rent is/was paid monthly, the esate agents who found the tenant (actually, I did, but they still charged me) and provided the contract had written the rent as £xxxx *quarterly*. The tenant also made a payment of just over one month's rent after I had issued the notice. On that basis I assumed that the S8 would fail.

                We have just got to the stage where a new S8 would be possible but, as I had issued an S21 at the same time as the S8 I believe that the already issued S21 would have the same effect as a new S8?

                Originally posted by Beeber View Post
                Has he found new accommodation?
                No.

                Comment


                • #9
                  The advantage of a s8 (I think) is that you can try to get some money out of him at the same time as the court order for possession. But the standard advice is to issue both as a belt and braces job.

                  Have you protected his deposit in a scheme?
                  '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

                  Comment


                  • #10
                    Originally posted by agent46 View Post
                    Through the mists of time Mystic Agent46 has a strong feeling you're not going to answer the arguments raised in the thread which discusses whether or not a tenant who has been served a s.21 notice can lawfully give up possession without serving a counter-notice.
                    Let's say that L has issued s21 during a periodic tenancy:
                    1. T moves out on expiry of S21.
                    2. L, who is of the opinion that T must serve NTQ to end tenancy, sues T for ongoing rent in lieu of notice.

                    • Can anyone imagine a judge awarding against T?
                    • Has there ever been an instance where this has actually happened?
                    • Can someone please get voted in to parliament to fix this pig of a legislation?
                    Now signature free.

                    Comment


                    • #11
                      Originally posted by lorenzo View Post
                      Let's say that L has issued s21 during a periodic tenancy:
                      1. T moves out on expiry of S21.
                      2. L, who is of the opinion that T must serve NTQ to end tenancy, sues T for ongoing rent in lieu of notice.
                      To avoid confusing OP it is probably best that you repost your question in the other thread.

                      However, that's not the issue to which I was referring. I was referring to the situation when a LL serves a s.21 notice but T gives up possession before the expiry of the said notice.
                      Health Warning


                      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                      Comment


                      • #12
                        This is a rather tricky move and I don't want to get flamed here but it has worked for me. I have removed a number of unwanted individuals I inherited and I haven't had to go to court once.

                        It was particularly attractive for the tenant when I agreed to return their bond/deposit if they vacated on an arranged date.

                        The deal was, they got the deposit in cash if they surrendered on the agreed date, the property was in the condition I last saw it (a dump but he hadn't taken a sledge hammer to it), it was cleared of his stuff, he surrendered his keys and signed my paperwork.

                        He complied with everything except clearing the place with his stuff and left EVERYTHING (I can't begin to describe) but it was far cheaper than court (it cost £190 probably for the next fix of drugs) but there were irregulaties preventing me from obtaining possession any time soon through the courts which were nothing to do with me. The tenant didn't know about the irregulaties but it worked for me and I thank myself lucky that it did.

                        Is this an option for you? I'd use this method again if a tenant was hanging on and needed a deposit to be able to move on somewhere else. However, it would need to be handled carefeully.

                        Comment


                        • #13
                          Originally posted by agent46 View Post
                          To avoid confusing OP it is probably best that you repost your question in the other thread.

                          However, that's not the issue to which I was referring. I was referring to the situation when a LL serves a s.21 notice but T gives up possession before the expiry of the said notice.
                          I've tried in the past, but it never seems to get answered.
                          Now signature free.

                          Comment


                          • #14
                            Originally posted by agent46 View Post
                            Through the mists of time Mystic Agent46 has a strong feeling you're not going to answer the arguments raised in the thread which discusses whether or not a tenant who has been served a s.21 notice can lawfully give up possession without serving a counter-notice.
                            Hi

                            I wondered in other threads whether a section 21 notice might differ in its effect from other types of notice (such as a notice of intention to seek possession of a secure tenancy) because, although it does not of itself determine the tenancy, it is a clear statement on the part of the landlord that possession is "required" by a certain date. It might be considered reasonable for a tenant to act on this "requirement" - namely to give up possession - and that in these circumstances the landlord might subsequently be estopped from claiming a continuation of the tenancy after the date stated in the notice.

                            I certainly think that many landlords, tenants (and County Courts for that matter) act on this basis, although I am not aware of a specific authority to support the argument.

                            A bit of along shot possibly, but do you think that Aylward v Fawaz might be helpful? As you know, in that case, the Court found that the section 21 notice "was clear and unambiguous. It indicated in terms that possession of the premises was required" and it was held that the notice was sufficient to activate a break clause in a fixed term tenancy. The case might be seen to give weight to the argument that a section 21 notice is more than a simple administrative precursor to possession action, but is rather a real statement of the landlord's wishes with regard to the tenancy - namely that it should end.

                            Preston

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                            • #15
                              Originally posted by mind the gap View Post
                              Have you protected his deposit in a scheme?
                              Yes. Unlike the tenant, and despite the problems caused by the numpties I employed to find a tenant, I've tried hard to do things as they should be done...

                              It would seem from the responses so far (and my thanks to all of you) there's nothing formal I can do until the said date when he and his family either leave or I have to ask the Court to get them to leave?

                              If that's the case, is there anything I should do or understand about the Court process in the meantime? Forms? Costs? Timing?

                              Comment

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