How do i serve notice?

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    How do i serve notice?

    I sent my tenant an e-mail on the 31st July informing her that i was giving her 2 months notice to vacate the property. She replied by saying "thanks for letting me know, please let me know if you wish to sell the property as i am looking to buy, not rent". Does this mean that she has acknowledged my request to vacate. Should i have put it in writing using a certain form. As now i have asked her if she needs the full 2 months notice & she has not replied to my e-mail. This is my first tenant,she has been in there for almost 4 years.
    Any help or advice would be appreciated as i need to get this right.

    #2
    Is this an AST in England or Wales?
    When exactly did the fixed term start - and has it ended yet? On what date?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Section 21

      I am just trying to get possession of a property. I would advise you to read the S21 form and notes on serving a Section 21 in the document area. Its free for registered users.

      Comment


        #4
        Your notice by email will have no legal effect. That doesn't mean your tenant won't move out, just that she doesn't have to.

        Problem with serving by email is that you have to serve at a set address (usually the tenancy address) and you have no way of knowing where that email was read.

        Full process for legally regaining possesion (in a simplified version) is here: http://tenancyanswers.ucoz.com/index..._contract/0-37

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          #5
          it's in England & she's been out of contract for about 1 year now. For the first 2 1/2 years i put it through a letting agent,but as they weren't doing their job properly & wanted to charge me £200 for her to sign another contract i sacked them. This tenant has told me that she loves the flat & wants to buy it from me,i have a feeling that she is going to be trouble to evict.

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            #6
            She definately will be if you don't get your paperwork in order. An email asking her to leave is not the answer. Take the advice above and read the S21 form and search here on how to serve it legally. This will not guarantee tenant leaves, but you must follow the procedure correctly, otherwise you cannot use court to assist in her eviction.

            I am assuming you have a deposit? If so, have you protected in a scheme and given her the prescribed information, as otherwise any S21 you issue will be invalid.

            Comment


              #7
              I have got the deposit in a protested scheme & where would i get a section 21(4)a (out of fixed form) form from please.
              Thanks for this help, i'll sleep a bit better tonight.

              Comment


                #8
                There should be one in the "Documents" section of this site. Look top left for the menu. You will have to re-register to gain full access to the free forms section. There are also guidance notes there for how to complete and issue the form correctly.

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                  #9
                  Click on 'Documents' at the top left of the screen
                  Select 'Section 21 form' - you will need to re-registe as 'landlordzone' is not the same as 'landlordzone forum').

                  There is actually no specific form to use, so you will find various ones on the web, but that one should do the job.

                  Comment


                    #10
                    Found it! Thanks for all this information,you've been a great help. Fingers crossed

                    Comment


                      #11
                      OP should note that although s21 only requires 2 months to 'mature' it cannot be deemed effective, if valid, provided it complies with the required dates of SPT.
                      eg rent due 1st of month, payable monthly pcm, s21 should be served by last day of preceding month, 'matures/expires 2 months hence on last day of month, the date after which LL can seek Court repo order or T vacates on/before that date. If s21 is served 1 day late then repo/vacation dates slip by 1 cal month, similarly for Ts reqd 1 month Notice under SPT.
                      AIUI a s21 served during fixed term remains active for duration of AST/SPT.
                      Have I got all this correct?
                      So please provide
                      Date T Commenced
                      Fixed term
                      Date rent payable
                      Frequency of rent
                      Date valid s21 served (served = received ie presumed 2 weekdays after posting 1st class, free Cert of posting advisable)

                      OP, out of curiosity, why do you want to terminate what many would regard as a 'long term' T?

                      Comment


                        #12
                        Originally posted by Tayto.king View Post
                        I have got the deposit in a protested scheme
                        Have you also provided the T with the prescribed information?

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