T is a pain but unpaid rent has not reached two months

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    Originally posted by JazzyJames2001 View Post
    Apologies the tenancy start date was 29th May 2009.
    So, if you served a s.21(4)(a) notice between today and 28th August, the notice should say you require possession "after 28th October 2010".

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      Evicting Tenants


      I was just wondering if anyone knows what the penalties are for evicting a tenant without using a section 21?


        Firstly, forgot the "legal route" see if you can work with them and get what they want, a council house, and you get what you want, rent and reasonable property.

        Secondly, explain to them that in the duty of the local authority is to help to find a home, and in most local authorities this means housing association or private sector not a council house. Their plan may not work as planned and they could be move to another private landlord.

        Thirdly, explain to them that being made homeless for rent arrears could mean that they are intentionally homeless and not eligible for rehousing (basically true). Unfortunately the children in the family does change the rules and the council will have to look after them even if they are intentionally homeless under the duty to the children who are not responsible for the rent, but you don't have to tell them that. They may also find that if there are arrears it will make them less likely to get a council house and more likely to get some other accommodation, even with the children, after all why would the council want to put a tenant into one of its own houses if they won't then pay the rent!

        Make sure you include a savings clause in the section 21 notice to cover any problems with the dating.

        P.S. the section 21 on the link provided does not contain a saving clause. I would recommend using one with a saving clause.
        Last edited by David TFP; 23-08-2010, 13:20 PM. Reason: Added the PS


          Originally posted by Cummings1 View Post
          I was just wondering if anyone knows what the penalties are for evicting a tenant without using a section 21?
          Well, the lawful options are:
          a. using a Break Clause; and
          b. by means of a s.8 Notice.

          But maybe you meant to refer to unlawful options. For criminal activities, the range of penalties spans fines [large, usually] and imprisonment.

          So don't even think of it.
          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.
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