Evicting LHA Tenant

[Moderator1]

Four 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).

[kay1691]

1. What date did the fixed term commence?
2. How long was the term and does the contract specify an end date?
3. Assuming you served a s.21(1)(b) notice, what was the expiry date (exact wording please, e.g. "after 1st June 2011", etc).
4. Did you obtain evidence of service (you'll need this if you go on to apply for possession)?
5. Did the tenancy commence or was it renewed on or after 6th April 2007? If yes, did T pay a deposit? If yes again, was the deposit protected and the prescribed info provided to T at the time of service of the s.21 notice?

N.B. a s.21 notice isn't an 'eviction notice'; it's not a notice to quit, nor does it oblige T to vacate at notice expiry, it merely entitles you to apply to the court for possession after notice expiry.

1. 02/02/2009
2. One Year - End date 01/02/10
3. Expiring after 1st June 2011
4. Posted from two different post offices - postage certificate obtained
5. The tenancy commenced after April 2007 and the deposit is protected but I did not send the info to the tenant (Deposit was funded by the LA)

What 'eviction' Notice do you mean?
Was it in fact a statutory Notice under the Housing Act 1988? If so, under s.8 or s.21?

The notice sent was a notice to quit under Section 21 (a) as we are now outside of the fixed period.

This is all so complicated!

[westminster]

Quick question. I posted my tenants eviction notice on the 31st March ...Her tenancy expires after the 1st June.

No, the notice expires after 1st June 2011, not the tenancy. I repeat, a s.21 notice is not a notice to quit and does not end the tenancy nor oblige the T to vacate.

As the tenancy was periodic when you served notice, it should have been a s.21(4)(a) notice, and, to expire after 1st June 2011, it would have had to be served on or any time before 1st April. Putting a 'date of issue' on the notice (e.g. you say you put 30th March) is meaningless; it's the date of deemed service which matters, and this is evidenced by proof of posting or a witness to service by hand.

If the T defends an application for possession on the basis that she wasn't given two clear months' notice, you only have evidence that the notice was posted on 31st March and it would therefore be deemed served on 2nd April (if Saturday delivery is accepted by the courts). It's still possible the court might accept service on 2nd April, but I wouldn't rely on it. It's basically a very bad idea to serve notice so close to the deadline - do it at least a week before the service deadline next time (as there may well be a next time).

There is the additional problem that if you failed to provide T with the prescribed information, any s.21 notice served before this is done is invalid. However, I notice that you say in post #3 that the deposit is protected by the TDS. Do you actually mean TDS as in The Dispute Service http://www.thedisputeservice.co.uk/homepage.html ? I ask because that particular scheme requires the prescribed information to be inserted into the tenancy agreement.

[kay1691]

Thanks again for your response.

As the tenancy was periodic when you served notice, it should have been a s.21(4)(a) notice, and, to expire after 1st June 2011

I did use s.21(4)(a) on the notice. Typo in earlier post.

It's basically a very bad idea to serve notice so close to the deadline - do it at least a week before the service deadline next time (as there may well be a next time).

I know. I wish I had posted the notice a week earlier! I was trying to ensure that the payment on the 1st April would go in as normal in case I had to write off any future arrears. Silly me!

There is the additional problem that if you failed to provide T with the prescribed information, any s.21 notice served before this is done is invalid. However, I notice that you say in post #3 that the deposit is protected by the TDS. Do you actually mean TDS as in The Dispute Service http://www.thedisputeservice.co.uk/homepage.html ? I ask because that particular scheme requires the prescribed information to be inserted into the tenancy agreement.

I said TDS in an earlier post but should have said The Deposit Protection Service. The funds came directly from the Council and I was advised that their details should be registered, not the tenants. Was this incorrect too?

Is it likely that my tenant will get a chance to defend the application for possession or could the court throw it out before this point?

[kay1691]

Possession Granted but.........

Thank you all for your advice up to now. I have finally got the possession order from the courts.

Applied wtih N5b on the 3rd June. Served on the 6th June. Waited 14 days. Tenant did not defend the action so I contacted the court on the 20th June and metally prepared myself for the long wait ahead.

I called the court on Monday 27th just to ask how to change my address and was told over the phone that the possession order had been granted on the 22nd June giving my tenant 14 days notice (7th July).

The problem now is neither I nor my tenant got the notice until today (28th June) giving her 8 days notice. Can she appeal stating she did not have 14 days notice? Is this likely to delay me applying to the baillifs?