Another S21 help request

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  • Another S21 help request

    Hello

    I've been reading up on S.21 but my head hurts trying to fill the form in and hope some experienced people on here will help me get it correct.

    I want to evict a tenant currently on a 6 month AST, in england, which started on the 14th Jan 2010. I find it difficult to get him to pay the rent on time and he's too messy so just want to get rid of him. He's not in arrears.

    So on the form should I be ticking that I'm: serving the S21 whilst the tenancy is on fixed term and should the date of possession be: 15th June 2010?

    Also is it good practice to just give a S.8 at the same time as the S.21 so help with getting the possession of the property faster if the tenant doesn't leave on the S.21 expiry date?

    any help would be gratefully received

  • #2
    Originally posted by spicy_ View Post
    Hello

    I've been reading up on S.21 but my head hurts trying to fill the form in and hope some experienced people on here will help me get it correct.

    I want to evict a tenant currently on a 6 month AST, in england, which started on the 14th Jan 2010. I find it difficult to get him to pay the rent on time and he's too messy so just want to get rid of him. He's not in arrears.

    So on the form should I be ticking that I'm: serving the S21 whilst the tenancy is on fixed term and should the date of possession be: 15th June 2010?

    Also is it good practice to just give a S.8 at the same time as the S.21 so help with getting the possession of the property faster if the tenant doesn't leave on the S.21 expiry date?

    any help would be gratefully received
    Why do you think the s21 can expire on 14th June when it is a six month fixed term beginning on 14th January?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      ahh sorry my fault, it's getting late. I mean't 15th July 2010 (that would be exactly 6 months after the AST start date)

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      • #4
        You can serve a s21 (4) b to expire after 14th July or a s8 ground 11 (persistent late rent payment), but the s8 will not result in a mandatory possession order; it would be discretionary.

        You could serve them both, but unless your T owes you at least the equivalent of two months' rent - in which case you can add ground 8 to your s8, which is mandatory grounds for possession- I doubt it will be worth it. There are costs associated with s8.

        If he is paying his rent I am not sure why you are in such a hurry to 'evict' him?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          Originally posted by mind the gap View Post
          You can serve a s21 (4) b to expire after 14th July
          If tenancy started 14th Jan, then s21 would expire "after 13th July" and need to be served by 13th May

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          • #6
            Originally posted by mind the gap View Post
            You can serve a s21 (4) b to expire after 14th July or a s8 ground 11 (persistent late rent payment), but the s8 will not result in a mandatory possession order; it would be discretionary.

            You could serve them both, but unless your T owes you at least the equivalent of two months' rent - in which case you can add ground 8 to your s8, which is mandatory grounds for possession- I doubt it will be worth it. There are costs associated with s8.

            If he is paying his rent I am not sure why you are in such a hurry to 'evict' him?
            Originally posted by Snorkerz View Post
            If tenancy started 14th Jan, then s21 would expire "after 13th July" and need to be served by 13th May
            A Notice served during the fixed term should comply with s.21(1)(b), not s.21(4)(a).
            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).

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