Section 21

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    Section 21

    I issued a section 21 notice to my tenant but she has nt left. I am about to complete accelerated possession court form. She was a joint tenant with her husband but he left so I gave her a new tenancy agreement in her sole name. Do I include just this sole tenancy agreement only or do I also have to supply the original joint tenancy agreement.

    What would the start of the tenancy be the joint tenancy date or the sole tenancy date?

    Thanks for your help

    #2
    The sole tenancy - if that was the latest. Have you got the dates right? This could be why she hasn't left.



    Freedom at the point of zero............

    Comment


      #3
      Plus:
      a. was any protectable deposit protected; and
      b. was any licensable HMO licensed?
      If you fail on one or other or both of these, or if the Letting Agreement did not create an AST, your s.21 claim fails too.
      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


        #4
        Section 21

        Thanks for you replies extremely useful

        Her tenancy agreement signed witnessed and dated 1 Dec 2009 with tenancy starting 18 Dec 2009. Section 21(1)b served 18 Dec at 17 :30 Tenancy finishes 17 June 2010 Section 21 (1)b expiry 18 June 2010

        Are these dates ok?

        No deposit taken

        An agent and a witness hand posted through the letterbox the section
        21 (1) b

        Comment


          #5
          Could you prove (to a Court's satisfaction) that the s.21 was served after the AST started on the same day?
          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


            #6
            Have you had any correspondence with the tenant regarding the Sec 21 that was served on the day her tenancy started?

            If asked why she was served, I am sure the agent would have fudged the reason, and she would have been told "not to worry". Especially since she was granted a sole tenancy to run consecutively with an old one.

            A poor practice that should not be done.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              thanks for you replies

              No correspondence with her

              I have witness es that notice was issued at 17 :30 on 18 Dec and agreement was signed on 1 Dec Is that sufficient enough for the court?

              Comment


                #8
                Originally posted by landlordnew View Post
                thanks for you replies

                No correspondence with her
                So as far as you know, she may not even be aware that you want her out?
                Why do you want her out?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  No reason is needed under s.21.
                  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


                    #10
                    Thanks for the advice no reason is needed for section 21

                    Tenancy agreement signed 1 dec tenancy started 18 Dec

                    If section 21 hand delivered and witnessed on 18 December at 17 : 30 Will that be ok with the court?

                    Is it deemed to be delivered on 19 Dec because it was hand delivered at

                    17 :30 ?

                    Thanks for your help

                    Comment


                      #11
                      Originally posted by landlordnew View Post
                      Thanks for the advice no reason is needed for section 21
                      I understand that no reason is needed. I didn't ask "What reason was given on the Sec 21".

                      Good luck.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        Originally posted by landlordnew View Post
                        Tenancy agreement signed 1 dec tenancy started 18 Dec

                        If section 21 hand delivered and witnessed on 18 December at 17 : 30 Will that be ok with the court?
                        I think the court will accept that, especially with the agreement having been signed in advance - the tenancy began at 00:01 on the 18th.
                        Is it deemed to be delivered on 19 Dec because it was hand delivered at 17 :30 ?
                        No, it was served on the 18th.

                        I think TheSaint mentioned reasons because your tenant would have been suprised to receive what is, in effect, an eviction notice on her first day in the property. Tenant would almost certainly have asked the agent why, and it may be that they replied in a way that suggested they would not be required to leave on the final day (as you know, tenant isn't required to leave anyway).

                        Comment


                          #13
                          Thanks your advice it is really useful

                          He has been in the property as a joint tenant for over 15 months Partner left joint tenancy went into periodic but he asked for new agreement cos he was sole tenant.Did nt want partner to be able to come back His rent payments are not regular and he is in arrears. So I wanted safety of section 21 It was made very clear when the new sole agreement was signed. He does have arrears but I just want to recover possession of property.

                          Cut my losses and move a family member in

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