Will T have to leave when s.21 Notice expires?

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  • Will T have to leave when s.21 Notice expires?

    Hi All,

    I have a tenant who has a periodic tenancy and rent is paid by council.
    Initially the tenant was not forwarding on the rent from the council to the LA. The LA is now getting money direct from the council but this still doesnt cover the monthly rent. Rent 900, council paying 400.

    The tenant has been served S21 notice to leave on 17th Dec 2009 by the LA.
    He has now said he wants his deposit otherwise he wont move. The LA has said that he still owes money even if the deposit is used to cover rent and informed him in writing.

    The tenant has damaged a loo and it is leaking water and the kitchen sink is leaking water into a plug socket, tripping the electrics. Initially he said he would get these repairs done then changed his mind. Every time we arranged for someone to go around he cancelled. Now because he wont get his deposit he says he will get a solicitor involved as the house is now dangerous.

    Will the 17th Dec eviction mean he will finally have to leave?
    Do I have to carry out the two repairs or will I legally get in trouble?

    Thanks for your help.

  • #2
    Originally posted by mits360 View Post
    Will the 17th Dec eviction mean he will finally have to leave?
    No. s.21 notice is not an "eviction" notice. It just says LL is seeking to regain possession. If T doesn't leave, you'll then have to get a possession order.

    Do I have to carry out the two repairs or will I legally get in trouble?
    T is liable for cost of repairs if they are due to his negligence.

    You can't carry out the repairs if T will not give you access. Protect yourself by writing to the T, at least 2-3 times, seeking access for the repairs with a choice of a couple of dates. Keep copies of the letters, and send with proof of postage (a free certificate of posting is best).

    If T agrees but then cancels an appointment, send a follow-up letter stating that T cancelled the appointment and proposing a further appointment.

    In other words, create a paper trail. Then, if T tries to claim you were negligent, you can show evidence that you tried to do repairs but T refused access.

    Is the deposit protected?

    Be careful with this T. Do everything by the book. He sounds like he could possibly be a so-called "professional" tenant.

    Comment


    • #3
      Originally posted by mits360 View Post
      Hi All,


      The tenant has been served S21 notice to leave on 17th Dec 2009 by the LA.
      He has now said he wants his deposit otherwise he wont move. The LA has said that he still owes money even if the deposit is used to cover rent and informed him in writing.

      The tenant has damaged a loo and it is leaking water and the kitchen sink is leaking water into a plug socket, tripping the electrics. Initially he said he would get these repairs done then changed his mind. Every time we arranged for someone to go around he cancelled. Now because he wont get his deposit he says he will get a solicitor involved as the house is now dangerous.

      Will the 17th Dec eviction mean he will finally have to leave?
      Do I have to carry out the two repairs or will I legally get in trouble?

      Thanks for your help.
      The S21 does not mean he will definitely leave, if he does not then you will have to go through the court procedure.

      Yes, get the repairs done, it's in your own interests to keep the property in usable and safe condition.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


      • #4
        Thanks for the replies.

        Yes the deposit is protected by the LA in a scheme.
        The LA is taking care of things for me, but please can you clarify what happens after the 2 months?

        He said he would need his deposit to find a new place but I would be left with rent arrears and have not seen the state of the property, so LA and I agreed to keep hold of this. So now have to see out the 2 months as council are paying part of the rent.

        I will get someone in to do the repairs. My builder is on vacation for the next week. Tenant said he wanted it done by this weekend or he would get a solicitor involved.
        What is a reasonable time to wait as I would prefer my builder to do the work?

        Comment


        • #5
          Originally posted by mits360 View Post
          I will get someone in to do the repairs. My builder is on vacation for the next week. Tenant said he wanted it done by this weekend or he would get a solicitor involved.
          What is a reasonable time to wait as I would prefer my builder to do the work?
          To be honest and blunt, water in the electrics should be fixed with no hanging around at all. What if he gets an electric shock? It would not look good for you.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


          • #6
            Originally posted by mits360 View Post
            The LA is taking care of things for me, but please can you clarify what happens after the 2 months?
            You will then have to complete a Possession Claim (form N5 iirc) and submit it to your local court with all the evidence they ask for and a nice cheque for £150. T is sent a copy and has 2 weeks to respond. There is not USUALLY a hearing, so long as the paperwork is in order the Judge will grant you a possession order for 2 weeks time (can be longer). If T still doesn't go, you have to organise Bailiffs (2 weeks if you're lucky) at a cost iro £95 to go and physically eject them. If bailiffs can't get them out (dangerous dogs / won't open door / firearms etc) then they will re-visit, probably with Police - but again thats more time.

            He said he would need his deposit to find a new place but I would be left with rent arrears and have not seen the state of the property, so LA and I agreed to keep hold of this.
            Tough on Tenant - he can't have his deposit until after departure/check-out. You have 10 days to return any returnable amount.

            So now have to see out the 2 months as council are paying part of the rent.
            Read up on a section 8 eviction. Depending on how much rent is overdue you could probably evict on Grounds 8 / 10 / 11 / 12 / 13 / 15. This could be slightly quicker and will allow you to get a court order for the missing rent.

            Comment

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