Section 21 Help!

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    Section 21 Help!

    I know this is talked about sooo often but I need help.

    Tenant is in a periodic tenancy. His been there since 04 and has never renewed his contract. He ALWAYS pays his rent late and goes into arrears by 2months and then pays up.

    I dont want to issue a section 8 when he is in two months arrears because he will just pay up.

    Im going for the section 21 and I know you must issue it on certain days etc. I need to issue it before he pays right? But if he never pays right how do I know when to send the section 21? Can I just send it today?

    His original contract started on the 5th of the month? Do I go by that?

    Please Help! And sorry for keep bringing up the section 21 thing!!!

    #2
    Section 21

    Click on the link above which says Agreements - you need Possession Notice - Section 21(4)a
    The possession notice has nothing to do with rent or rent owing.
    You can serve it any time. You must give 2 full months' notice and the notice date must be for possession of the property after the last day of a tenancy period - in your case the 4th of the month. This means the actual period of notice may be in excess of 2 months.
    If the tenant does not leave you will need to seek possession through the courts.
    Rent arrears will have to be followed up through the Small Claims Court.

    Comment


      #3
      You could (some would argue should) also issue a Section 8, as there are several grounds not just being 2 months late (section 8), that would apply. Usual grounds are 8, 10 and 11.
      Go to Housing Act 1988 http://www.opsi.gov.uk/acts/acts1988...n_13.htm#sdiv2 (but bear in mind amendments to the act) and take a look at the grounds. Section 11 sounds like the key one for you. Sections 10 and 11 are not mandatory.

      Comment


        #4
        so let me get this straight..

        my section 21(4a)

        needs to be dated to end on the 4th of January

        Comment


          #5
          The line should read "after the 4th of January"

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment

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