Section 21 Question

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    Section 21 Question

    Hi All,

    I rent a property with a AST starting 25/11/09 for a period of 12 months.

    The contract states that the payment must be made by on the 25th of each calendar month.

    Last month the tenants did not pay until the 14/06/10 which was over 2 weeks late. They needed to have the agent ring them and visit them in person to get an explanation. They blamed an error with the DD. Again this month today is the 07/07/10 and they still haven't paid with no form of communication to explain themselves.

    I do not wish to carry on with these tenants as they seem to be causing me too much hassle.

    From reading and doing multiple searches on this forum I believe I can issue a Section 21(1)(b) giving two months notice. If I issued this next week for instance would the date of the date of expiry have to be:
    1) Two months from that date
    or
    2) after the 25/11/10 which would be at the expiry of the tenancy agreement

    Thanks
    Last edited by r0b; 07-07-2010, 17:22 PM. Reason: changed from 6 months to 12.

    #2
    Originally posted by r0b View Post
    2) after the 25/11/10 which would be at the expiry of the tenancy agreement

    Thanks
    Their fixed period was for 6 months according to you.

    Originally posted by r0b View Post
    Hi All,

    I rent a property with a AST starting 25/11/09 for a period of 6 months.


    This ended on 24th May 2010.

    If you sent the S21 next week, I believe it would need to expire "After 24th September 2010", but please get confirmation, as I am in a hurry to go out.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      [Ignore this post.]

      Comment


        #4
        Notice is under s.21(4)(a), not under s.21(1)(b), as the fixed term has already expired.
        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
          Originally posted by r0b View Post
          I rent a property with a AST starting 25/11/09 for a period of 6 months.
          If the fixed term is six months, then you must serve a s.21(4)(a) notice. If you serve it anytime between now and 24th July, it should say your require possession 'after 24th September 2010' (as per the saint's comment).

          From reading and doing multiple searches on this forum I believe I can issue a Section 21(1)(b) giving two months notice. If I issued this next week for instance would the date of the date of expiry have to be:
          1) Two months from that date
          or
          2) after the 25/11/10 which would be at the expiry of the tenancy agreement
          If the fixed term is 12 months, then the fixed term expires on 24th November 2010, and you would serve a s.21(1)(b) notice. This must give T at least two months, and cannot expire earlier than the end of the fixed term.

          If T paid a deposit, the deposit must be protected before you can serve a valid s.21 notice.

          Comment


            #6
            Sorry my mistake the contract was 12 months, edited the original post.

            so it should cover the s.21(1)(b).

            Comment


              #7
              Originally posted by r0b View Post
              Sorry my mistake the contract was 12 months, edited the original post.
              In that case, post #5's penultimate paragraph applies. The Notice period should be stated to expire 'after 24 Nov. 2011'.
              Oh, and you have protected the deposit- haven't you?
              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
                Yes I use an agency and they have protected the deposit.

                From what I'm reading if they keep paying late there isn't much I can do until they are late by 2 months rent. Which would then let me serve a section 8 but then if they pay before it gets to court they get the law on their side.

                Once the tenancy agreement finishes providing a valid section 21 has been issued how long would it take to get them out provided they don't go of their own accord?

                Comment


                  #9
                  Originally posted by r0b View Post
                  From what I'm reading if they keep paying late there isn't much I can do until they are late by 2 months rent. Which would then let me serve a section 8 but then if they pay before it gets to court they get the law on their side.
                  There must be two months' rent owing and unpaid in order to use the mandatory Ground 8. But you could still serve a s.8 notice using the discretionary Grounds 10 & 11. Unlikely to succeed in terms of obtaining a possession order, but it may provide T with a wake up call (particularly if they don't know that Grs. 10 & 11 are discretionary).

                  See this link, and this link.

                  Comment


                    #10
                    Originally posted by r0b View Post
                    Once the tenancy agreement finishes providing a valid section 21 has been issued how long would it take to get them out provided they don't go of their own accord?
                    You will request possession from the court after the s21 has expired. It will take around 4/6 weeks to get a decision. The decision will give the tenant a minimum of 2 weeks to leave. If they don't, you will have to employ court bailiffs, which could easily be another month.

                    Comment

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