Notice under s.21 of Housing Act 1988

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    Notice under s.21 of Housing Act 1988

    hi all

    i'm goin to evict a tenant via an s21 eviction

    i put the deposit in a scheme, but didnt do it within the 14 day period they ask for

    will this affect the eviction?

    #2
    Provided that the deposit is placed in an approved scheme and the tenant has been given the necessary prescribed information, there should not be a problem in obtaining possession by the S21 route. The only requirement is that this is done before the S21 notice is served.

    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.

    Comment


      #3
      Change of agency; can s.21 Notice still be served?

      hi all

      i took over the management of a property 4 years ago

      i didnt issue a new contract as i assumed the old one with the previous landlord/agent would stand

      i am now looking to evict the tenant via s21 as he has fallen into arrears - he doesnt have anything of value so an s21 eviction would be the easiest thing to do in this case

      so a few questions if you dont mind:
      1. can i evict him using the old contract?
      2. when filling in the s21 notice to section him, should i use the old agents details?
      3. do i need an affidavit from the previous agent?

      i know that if i make a mistake on the form ie. wrong address details, the judge can through it out, hence why i'm asking all these questions

      thank you in advance, much appreciated...

      Comment


        #4
        If the 'old' AST is still running:
        a. is its fixed term still running; or
        b. did the fixed term expire and a statutory continuation tenancy arise [s.5 of 1988 Act]?
        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).

        Comment


          #5
          hi, thanks for the reply

          it was a 6 month contract at the time

          i guess that means it is now a perodic contract

          Comment


            #6
            Originally posted by Evergreen View Post
            1. can i evict him using the old contract?
            You can serve a s.21(4)(a) notice, if the tenancy is an AST (in England and Wales) which is now periodic.

            Originally posted by Evergreen View Post
            2. when filling in the s21 notice to section him, should i use the old agents details?
            Use the LL('s) and T's names and addresses. Agent only acts for LL.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


              #7
              Ensure that T is served by L with Notice under s.48 of LTA 1987 (L's new [own] address for service), so replacing A's address.
              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).

              Comment


                #8
                Originally posted by Evergreen View Post
                he has fallen into arrears - he doesnt have anything of value so an s21 eviction would be the easiest thing to do in this case
                But if applicable, a s8 would give you the opportunity to commence proceedings more quickly, and if done online would be cheaper in terms of £/s/d.

                Comment


                  #9
                  No written AST- can L still use s.8/s.21 Notices?

                  hi all

                  if a tenant doesnt have a contract and was housed via a verbal agreement, can an s21 ans s8 be used in these instances?

                  Comment


                    #10
                    Yes, either - although landlord can not use the accelerated procedure for s21

                    Comment


                      #11
                      Originally posted by Evergreen View Post
                      If a tenant doesnt have a contract and was housed via a verbal agreement, can an s21 ans s8 be used in these instances?
                      What you actually mean is if a tenant doesn't have a written contract and has an oral agreement, etc........
                      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.

                      Comment


                        #12
                        thanks

                        i mean no written contract at all paul_f

                        just a verbal agreement

                        i always offer written contracts these days, so this verbal agreement one is a one off

                        how long would it take to evict via normal s21 as opposed to the accelerated?

                        thanks

                        Comment


                          #13
                          Originally posted by Evergreen View Post
                          thanks

                          i mean no written contract at all paul_f

                          just a verbal agreement

                          i always offer written contracts these days, so this verbal agreement one is a one off

                          how long would it take to evict via normal s21 as opposed to the accelerated?

                          thanks
                          "Accelerated" is a bit of a mis-nomer as it is only very slightly quicker than normal. The only difference seems to be that with "Accelerated" there isn't usually a court hearing.

                          Comment


                            #14
                            s21?

                            hi all

                            an estate agent recently gave me back a flat i own, that they were managing

                            i can now see why - the tenant is a nightmare! he pays only half his rent and never returns calls

                            the contract has the agents name on it as landlords

                            can i evict him via an s21 if my name isnt on it?

                            i have a letter from the agent stating that they have given it back to me and that i am managing the property now

                            he has been given 2 months notice already, the agent served him with a notice 2 months ago with their name and my name on the s21

                            can i put it a claim for possesion? will the judge accept it if my name isnt on the contract as landlord?

                            thanks

                            Comment


                              #15
                              The A is passing the buck to you for their mistakes and inability to manage a T that they put in the property.
                              Do you have a separate contract with the A, and if so, what does it say about how either party can terminate the contract?

                              The A is acting for you, but as far as I know, should not have put their name on the AST as LL. I don't know why As do this, but its something I've seen before. Not even sure it is legal? But as A normally acts for LL, then the As action be seen as being done on your behalf.

                              I would be inclined to write to them, tell them as they are the LL on the AST, they should be following up on the notice served and remove the T. Otherwise, you may have to consider legal action against them - but that would depend on your contract with the A, which is a different issue to the AST which is contract between LL and T.

                              You can still act upon the S21 already issued, provided it has been issued correctly.

                              As for the tenancy:
                              1. is tenancy is England & Wales
                              2. What date did the tenancy start?
                              3. how long was/is the fixed term?
                              4. Is rent less than £25,000 per year?
                              5. was a deposit taken?
                              6. if deposit taken, was it protected and prescribed info given to T?
                              7. Which was issued S21(1)(b) or S21(4)(a) ?
                              8. what date was the S21 issued?
                              9. What was the effective date of the S21?

                              no point going ahead with trying to use the notice if it has not been served correctly.

                              Comment

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