s21 notice served and still not left

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  • s21 notice served and still not left

    Hi
    I served a s21 through the letter box back in early July. Its now 10 wksand they have still not left.

    I suppose I have to start the legal process?

  • #2
    Your s21 was not a notice to quit - it just advised the tenant that after the expiry date you could apply to the courts for permission.

    So yes, you need to commence the legal process.

    Comment


    • #3
      How much will it cost??? or is that a silly question

      Comment


      • #4
        £175 to make the claim. £110 extra if you need the bailiffs.
        http://tenancyanswers.ucoz.com/index..._contract/0-37

        Before you start spending money, are you sure the s21 is valid?

        When did the last tenancy agreement start?
        How long was it for / was there an end date?
        When was the s21 served?
        What was the exact wording of the expiry date?
        Has T paid a deposit?
        If so, is it protected / when was it protected?
        Is this a licensable HMO property? Do you have a license?

        Comment


        • #5
          Fair point. Actually the tenant owes me 3 months of rent. I served a s21 before.

          Should I serve a s8 notice as well? I suppose s8 would cost more money if I had to go through thelegal channels?

          thanks

          Comment


          • #6
            Serve a S.8 Grounds 8,10 & 11 which should be quicker, as you can instigate court proceedings within 14 days of service and get rent arrears assessed at the same time if you wish. Look on the top of this page and put your mouse over 'content' on the info bar and see the drop down menu as it will give you the repossession options available to you with explanations.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


            • #7
              Originally posted by Paul_f View Post
              Serve a S.8 Grounds 8,10 & 11 which should be quicker, as you can instigate court proceedings within 14 days of service and get rent arrears assessed at the same time if you wish. Look on the top of this page and put your mouse over 'content' on the info bar and see the drop down menu as it will give you the repossession options available to you with explanations.
              A section 21 should be quicker if already expired. Kosmicmisfit can submit n5b tommorrow and should have a decision within a month and an eviction date by the end of November. If he has to organise bailiffs, lets add 8 weeks to cover the Xmas amnesty - so he should get the property back by the end of January at the latest.

              On the other hand, if he uses the s8 route he will not be able to start the court process until the end of this month. The hearing would not be likely before mid December or even into January because of the Xmas break. Lets assume mid December. Judge will give 2-6 weeks to leave and tbh is unlikely to give a eviction date over Xmax/NY. So, if we assume an eviction date of 7 January, plus 6 weeks for bailiffs, that is possession towards the end of February at the earliest - but more likely a few weeks later.

              Kosmicmisfit - section 8 does have 2 main advantages. If you do it online it is much cheaper than s21 @ 'just' £99. It also has the opportunity to get a court order for missing rent. To obtain the same with an s21 requires a separate moneyclaim at more cost and time.

              Comment


              • #8
                @Kosmicmisfit, please answer Snorkerz' questions in post #4. He asked them for a reason, to find out whether the s.21 notice you served was valid - many people mess up, and it'd be a waste of time/money applying for possession based on a defective notice.

                Originally posted by Snorkerz View Post

                When did the last tenancy agreement start?
                How long was it for / was there an end date?
                When was the s21 served?
                What was the exact wording of the expiry date?
                Has T paid a deposit?
                If so, is it protected / when was it protected?
                Is this a licensable HMO property? Do you have a license?

                Comment


                • #9
                  Tenancy began on 18 Aug 2009 to 16 Aug 2010.
                  S21 was served on 15 Jul 2011.
                  Wording is
                  "I give you notice that, by virtue of section 21 of the Housing Act 1988, I require possession of the dwelling house known as ????
                  After : 17 September 2011
                  Or, if the alternative date mentioned below is different, after the alterative date. The alternative date is the first date after this notice was given to you which is:"

                  Tenant gave deposit and is under TDS. It was protected on 21 Aug 2009 appox.
                  Its not a HMO.

                  Hope this gives the full pic

                  Thanks

                  Comment


                  • #10
                    Originally posted by kosmicmisfit View Post
                    Tenancy began on 18 Aug 2009 to 16 Aug 2010.
                    Is this a typo or was the term one year less one day? Because if the term did expire on 16th August 2010 and rent is payable monthly, then the notice should have expired "after 16th September 2011".

                    Or, if the alternative date mentioned below is different, after the alterative date. The alternative date is the first date after this notice was given to you which is:"

                    This so-called saving clause is quite confusing; I would be concerned that a court might decide the notice was defective because of it (even if the expiry date is correct).

                    Comment


                    • #11
                      Its not a typo. the term was one year less one day. So is the notice defective?
                      I am giving them an extra day rather that giving less? So is that a problem?
                      ta

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                      • #12
                        Unfortunately, ection 21(4)(a) requires that the notice date is the last day of a tenany period. Your tenancy periods end on the 16th of every month, so the notice is defective - sorry.

                        You need to re-serve the s21 notice. It would do no harm to also serve a section 8 notice under grounds 8, 10 & 11 as that will take around the same time. There are the advantages I mentioned above - BUT there is the disadvantage that if the tenant gets the rent owed below 2 months worth by the hearing date, ground 8 will fail. You still have the chance of success with grounds 10 & 11 but the judge will then make a decision if the new (lower) missing rent is sufficient to warrant making the tenant homeless. This uncertainty is why you should also issue the s21 so you have it ready to roll if the s8 fails.

                        Comment


                        • #13
                          Darn!!!!!

                          If I serve a s8. The notice period is 2 weeks? or is my understanding incorrect.

                          Comment


                          • #14
                            Your understandng is correct - but because of the need for a hearing (not usually required for s21) it is usually around the same time from service to bailiffs.
                            http://tenancyanswers.ucoz.com/index..._contract/0-36

                            Comment


                            • #15
                              Can someone suggest a good legal person to take over this mess?
                              How much will it set me back? ideas pleas

                              Comment

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