L serves s.21 Notice to help T obtain rehousing

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  • mariner
    replied
    You are willing to evict a T because she asked you and prepared to expend considerable time and money for the privilege!!!!

    Ask her to pay your costs & court fees, in the hope she may get a cash-strapped Council to possibly find her, a homeless person by design, a temp B&B hostel & poss walk the streets during the day.

    If you can prove the Council's advice (complicity) in this 'fraud', I am sure a local or National newsdesk would be interested.

    I fear this could become the next method to blackmail a LL for fear of unpaid rent or trashing the property for failure to play ball.

    If you do as requested and evict an otherwise compliant T on HB, poss with children, and the Council renage on their offer of re-housing, who do you think the press will castigate?

    If you decline the T's generous offer, she could stop paying rent (so you can get HB paid direct), trashes the property, you sue for damages in SCC & obtain a CCJ for debt which will adversely affect any credit check for her mobile phone contract.

    All my refs to T are generic & not intended to apply to any specific ind involved in this case.

    Leave a comment:


  • Snorkerz
    replied
    Serving an s21 on this tenant is going to cost you money - potentially £245 if you DIY, £1k if you use an eviction company. Are you sure you want to do this so you can lose a tenant?

    Your s21 seems to be invalid, as you can not seek possession on the 10th (it is still part of the fixed term). However, you can easily re-issue a s21(1)(b) with the appropriate notice, it doesn't have to end on any specific day. Use the word 'after' in your expiry date, otherwise you will be limiting yourself to seeking possession on that one specific day.

    Your tenant may be happy with the current s21 - but once the council see it, they will know it is invalid.

    Leave a comment:


  • Kirst1406
    replied
    Sorry Johnjw, I mean read the 6th bullet point. It's says before or on the day on which the fixed term comes to an end. I'm probably getting totally confused now. If you would do me a big favour and just read the form I have copied and let me know whether you think I do need to send another Section 21 out. As I said, AST finishes on the 10th April, as you can see I have dated the expiry date on the Section 21 as 10th april and my tenant has emailed me confirmation that she received the Section 21 on 8th February.

    Leave a comment:


  • Kirst1406
    replied
    Hi Johnjw

    Thanks very much for responding. I know you say the wording of the Section 21 is important, however the Section 21 I downloaded off a property website is below, it doesn't have any wording that says 'after'. Also, if you read the terms and conditions on the second page, the most interesting point is the first bullet point. Does that mean I can have the expiry date as the last day of the lease. As I said the AST runs out on the 10th April.


    NOTICE REQUIRING POSSESSION OF A Dwelling House
    (England & Wales - Housing Act 1988 as amended by Housing Act 1996 – Section 21 Notice)

    -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



    I give you notice that I require possession of this dwelling house by virtue of:



    (1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b




    -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    To:
    Name of Tenant: xxxxx

    Address of Tenant: xxxxxx




    FROM:
    Name of Landlord: xxxx

    Address of Landlord: xxxx


    Contact number of Landlord: xxxxxx


    Landlord Signature: _________________



    DATE:

    Date Of Expiry of this Notice: 10th April 2011




    Date this NOTICE is SERVED:
    Tenants and Landlords please note:

    • On or after the end of a fixed-term assured shorthold tenancy a court must make an order for possession if the landlord has given notice in writing under the shorthold ground (Section 21)
    • The landlord does not need to give any reason for requiring possession.

    • Where there are joint landlords, at least one of them or their agent must serve the notice.

    • Where there are joint tenants, it is preferable that each tenant be served notice.

    • The notice should be served in person or through the letter box or by first class post – keep a copy and record the date and time, who served the notice (any witness), and proof of postage.

    • Fixed-term (S21(1)b) The length of the notice must be at least two months, and the notice must be served before or on the day on which the fixed-term comes to an end.

    • Periodic Tenancy (S21(4)a) (i.e. where the tenant has stayed-on after the expiry of the fixed term) a notice can be served after the fixed-term has ended specifying a date after which possession is required being the last day of a period of the tenancy (usually the day before a rent payment day) and not earlier than two months after the date the notice was given.

    • Periodic Tenants – the landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after the expiration of 2 months from the service upon you of this notice.

    • If you as tenant do not know your rights after you have been served a notice requiring possession see a solicitor, the Citizen’s Advice Bureau or your local authority rent officer. Supplied in good faith – no accuracy guarantee & no liability accepted – use at your own risk

    Leave a comment:


  • johnjw
    replied
    Presumably your AST started on the 11th day of the month - on the 11th of October, 2010 if it's a 6 month tenancy. The last day of the tenancy would be the 10th of April, 2011 and you should word your notice so that you require possession AFTER the 10th of April. If you have done this (the after bit is important) your notice should be OK. You have given more than 2 months notice and "more" is not a problem.
    After the notice has expired and if (as presumably she will) your tenant remains in the property; you will have to apply for a possession order. Your local Court will give you the necessary forms and you will have to pay a fee.

    Leave a comment:


  • Kirst1406
    started a topic L serves s.21 Notice to help T obtain rehousing

    L serves s.21 Notice to help T obtain rehousing

    Hi there
    I've been trying to find a definitive answer on this subject and getting nowhere fast, please help as it's starting to really stress me out.

    I'm a landlord and my tenant's assured shorthold tenancy agreement is up on 10th April. My tenant has said they do not wish to renew as she wants a council house. She is a council tenant and has told me that in order for her to get a council house she has to be made homeless, therefore I need to issue a Section 21 Notice and then a get a Possession Order (the council advised her of this).

    The confusing part is understanding which Section 21 Notice I should use and the correct date of the expiry date you put at the bottom of the form. In addition, when it should arrive on my tenants door step, this is where i've had two solicitors telling me different things. I have already sent a (1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b Form. I dated the expiry date as 10th April (the last day of her tenancy agreement) and sent it by Registered Post and I have had confirmation from my tenant that she received this section 21 notice on 8th February. So I have therefore given her over 2 months notice.

    However, one solicitor has said to me that I should have sent it to arrive on the day of, or the day before she pays rent every month (she pays rent on the 11th of every month). However, after reading various info on the internet, if i'm reading it correctly, that is if my tenant is in a periodic tenancy. However, surely she is in a fixed tenancy if the Assured Shorthold Tenancy desn't end until 10th April? However, the other solicitor says that I can send S21 to arrive at any point, as long as the expiry date gives at least 2 months notice (allowing 3 days for posting), however, she still says I need to send a new one as I shouldn't have put the expirty date as the last day of the tenancy agreement, had I dated it the 11th April it would have been ok. So my question is, do I need to send a new S21, and if so when should it arrive on her doorstep.

    Also, once the Section 21 runs out, I'm not clear on exactly what I do next and how I get a posession order (if that is what I must get) and will this cost me a lot of money this whole procedure.

    I'm really Sorry ,I know this seems long, but I need to give you all the dates and facts etc as I'm getting nowhere fast. Please help I would appreciate it soooooooo much.

    Thank you.

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