Notice under s.21 of Housing Act 1988

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

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  • AndyJohnson
    replied
    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

    Leave a comment:


  • jeffrey
    replied
    Originally posted by AndyJohnson View Post
    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.

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  • AndyJohnson
    replied
    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?

    Leave a comment:


  • Moderator1
    replied
    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).

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  • havensRus
    replied
    Originally posted by Evergreen View Post
    are there usually hearings for s21 accelerated evictions?
    No

    Originally posted by Evergreen View Post
    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

    Originally posted by Evergreen View Post
    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.

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  • Evergreen
    replied
    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?

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  • havensRus
    replied
    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.

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  • Evergreen
    replied
    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

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  • Snorkerz
    replied
    Originally posted by Snorkerz View Post
    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"

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  • Evergreen
    replied
    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

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  • Snorkerz
    replied
    Originally posted by Evergreen View Post
    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.

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  • Evergreen
    replied
    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

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  • westminster
    replied
    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?

    Leave a comment:


  • jta
    replied
    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

    Leave a comment:

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