Notice under s.21 of Housing Act 1988

[jeffrey]

How can you prove the rent payment dates in the absence of the documentation that you lost? What evidence is there?

[AndyJohnson]

ok

i cant remember the exact start date

it is a periodic contract

rent is payable monthly

ill be serving the s21(4)(a) tomo

what's earliest date i can apply for possession?

i take it i cant go for accelerated possession as contract is missing?

will a hearing be required/held without the contract?

thanks again

[jeffrey]

hi

i'm serving an s21 notice to a tenant tomo 19th july

the earliest i can apply for possession is the 19th sept right?

what form should i fill in? (i dont have the tenants contract anywhere)

will a hearing be required as i dont have the contract?

Of course there's a contract! That you've lost the Counterpart Letting Agreement does not detract from that.
The form of Notice and dates must depend on the type of Letting Agreement and:
a. its commencement date;
b. its fixed term; and
c. [if s.21(4)(a) applies], its rent-payment frequency.

[AndyJohnson]

evicting tenant with no contract

hi

i'm serving an s21 notice to a tenant tomo 19th july

the earliest i can apply for possession is the 19th sept right?

what form should i fill in? (i dont have the tenants contract anywhere)

will a hearing be required as i dont have the contract?

[Moderator1]

Ten (!) associated threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

[havensRus]

are there usually hearings for s21 accelerated evictions?

No

if so, what would be the reason for the hearing?

1. Tenant puts in defence-particularly on hardship grounds. Judge would want to ascertain if there's any merit in the defence.
2. If paperwork not quite right and court requires clarification

am i right in thinking that there are always hearings in s8 evictions?

Definitely. And as claimant, you should attend or get someone to attend on your behalf, else possession will be denied.

[Evergreen]

s21/s8 hearings?

thank you haven rus

are there usually hearings for s21 accelerated evictions? if so, what would be the reason for the hearing?

am i right in thinking that there are always hearings in s8 evictions?

[havensRus]

as long as you have given the tenant an address in E&W for the rent payment, as you seem to have done, I don't think there's any need to worry.

[Evergreen]

s21 address anomaly? help!!

quick question rgding addresses

i am in the middle of an s21 eviction

the contract and the court possession forms have my home address on them

i wrote a letter to the tenant several months ago requesting rent with my office address on it

can the tenant use this as a loophole to get out of this eviction? reason i ask is that i had a call from his support worker asking about our address - and i have also read a lot about s48 (altho there has been no change of address thoughout the period of the contract)

the fact that his support worker called me has raised alarm bells! i gave her the home address, as both the court forms and contract have that address on it

[Snorkerz]

The fixed-term would have to be a multiple of the tenancy periods because rent is sold in 'tenancy periods' not fractions thereof - so the 'fixed term' would have had to be a multiple of 4 weeks. The closest to 6 months would be to end 11/7/09. If this is the case, an s21 would have to have to be served by 16 May and have an expiry date of "After 10th July 2010"

The first tenancy period ran from 25th January to 21st February - a period of 4 weeks.

Each subsequent tenancy period started:
22/02/09
22/03/09
19/04/09
17/05/09
14/06/09
12/07/09
09/08/09
06/09/09
04/10/09
01/11/09
29/11/09
27/12/09
24/01/10
21/02/10
21/03/10
18/04/10 to 15/05/10
16/05/10 to 12/06/10
13/06/10 to 10/07/10

With a 4 weekly tenancy, a s21 has to be served 8 weeks prior, hence serving one today (25/4/10) would have an expiry of "after 10th July 2010"

[Evergreen]

hi snorkez

i understand the last paragraph rgding monthly rents

can u please explain your first paragraph, a bit more, as i'm confused with where u got ur dates from

thanks

[Snorkerz]

thanks for the repies

1. commenced on 25th jan 2009, deposit proptected
2. yes
3. end date of fiex term is 25th july 2009
4. rent due every 4 weeks

There is an anomaly with this...

The fixed-term would have to be a multiple of the tenancy periods because rent is sold in 'tenancy periods' not fractions thereof - so the 'fixed term' would have had to be a multiple of 4 weeks. The closest to 6 months would be to end 11/7/09. If this is the case, an s21 would have to have to be served by 16 May and have an expiry date of "After 10th July 2010"

If rent was paid monthly, the fixed term would be 25/1/09 to 24/7/09 (because 25/7/09 includes 7 x 25th's). In that case, an s21 served on 26th would expire "After 24th July 2010". A shame, because on served today would have expired a month earlier.

[Evergreen]

thanks for the repies

1. commenced on 25th jan 2009, deposit proptected
2. yes
3. end date of fiex term is 25th july 2009
4. rent due every 4 weeks

[westminster]

To answer your question properly, I need the following information:

1. What date (day/month/year) did the last fixed term contract commence, and did T pay a deposit?
   
2. If the answer to the above is after 6th April 2007, and T paid a deposit, is it protected and did you provide T with the prescribed information?
3. What is the date (day/month/year) of the last day of the fixed term?
   
4. Is the rent payable monthly?

[jta]

You have to serve it on or before the rent day, so if you serve it on Monday the the earliest you can have it expire will be after 24th July