1 Year Old Section 21 Notice

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    1 Year Old Section 21 Notice

    Hi

    I wonder if anyone can help me clarify something I've been told today by a Tenant Relations Officer at the council. He has told me that once a Section 21 Notice has been served proceedings must be issued within 1 year and if you want to issue proceedings after a year a new Notice must be served.

    I was always under the impression that once a Section 21 Notice has been served you can issue proceedings at any point after it's expiry (unlike Section 8 notices where you have to issue proceedings within a year of serving the Notice).

    I've never heard of this before and in fact have secured quite a few possession orders in the past against tenants who were served with Section 21's a few years prior to proceedings being issued.

    Please can someone clarify?

    Thanks

    Matt

    #2
    Matt you are correct in your view that there is no time limit on S21 Notices. The one year suggested by the Tenant Relations Officer may set a precedent if it is not questioned.

    Suggest you ask the Tenant Relations Officer to provide the legal basis and case decisions relating to his/her advice and copy your letter to to the Chief Executive. State that the legal advice you have been given is that there is no time limit to a Section 21 Notice.

    Copies of the response will be of interest to this forum.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      It will certainly be of interest. I guess that the only way to find out though is to try it.....it has been said on this forum before(whether authoritavely or not, I am unsure) that the longer after the S21 has been valid, the less likely the court is to grant possession.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


        #4
        From a practical point of view my preference would be to issue a new Section 21 after such a long lapse of time. Even if the law is complied with it does not seem fair to me to hold a noose over the neck of a tenant for such a long period of time.

        If the tenancy has become a statutory periodic one then only two months notice is required and I would not think it unreasonable to indicate, by a new notice that the landlord now definitely requires possession by the date stipulated.

        Why, for the sake of two months risk the chance of your claim for a Possession Order being thwarted or the possibility of a very expensive appeal supported by a tenant on legal aid?

        If circumstances change and landlords fail to tell the tenant they will not now be seeking a Possession Order will this eventually make the Section 21 less meaningful?

        Wonder if there might be a legal principle that by continuing to accept rent and non-enforcement of the S21 for lengthy periods of time the landlord is condoning the tenant to ignore the Notice Requiring Possession.

        Edit since writing this post I have read a contribution from PMS on another thread

        3) If the landlord comes after you for the rent tell em to f off.The S21 on expiry ends the tenancy so no tenancy means no rent.It will take at least 2-3 months for it to go to court in the meantime you live rent free at the Landlords expense and you are protected.
        This advice could be misleading and costly to a tenant. The tenant is responsible for the rent until he vacates the property and in addition to having to pay the rent the tenant will be liable for County Court fees.

        PMS suggestions would only seem of value to 'bad' tenants who don't care about references or manipulate the system to escape the debts they have incurred.

        Just for the record I am into long term renting and explain to tenants that subject to them keeping to their tenancy conditions there is a strong possibility that the tenancy will be able to continue after the initial fixed term.

        In all cases where I have issued a S21 Notice I have only done so after the tenants have contravened tenancy conditions by falling into rent arrears
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


          #5
          Originally posted by MrShed
          It will certainly be of interest. I guess that the only way to find out though is to try it.....it has been said on this forum before(whether authoritavely or not, I am unsure) that the longer after the S21 has been valid, the less likely the court is to grant possession.
          From my experience it all boils down to which judge reads the papers on the day. On one occassion I had a tenant who was served with a S21 roughly 2 years before proceedings were issued. A judge read the papers and ordered a hearing. When I attended the hearing it was a different judge who told me the original judge had ordered the hearing because of the large time gap between the service of the S21 and proceedings being issued. The second judge however agreed that the S21 was still valid and made an order for possession.

          I agree with Worldlife that it's not good to hold a noose round a tenants neck with these Notice's, but I have seen occassions where serving a tenant with the S21 has made them sit up and sort their arrears out only for them to fall behind again at a later date. I think from a landlords point of view it is useful to still be able to act on a previously served notice should the situation warrant it.

          I'm off now to ring our friendly Tenancy Relations Officer at the council to find out the legal basis for his advice and will report back to you!

          Comment

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