Section 8 notice

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    #46
    chris, if this relates to your other post, pleasedo not ask sep questions in ind posts.
    Mods: please merge threads if nec.

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      #47
      Chris00, please post new questions relating to the same tenancy issues in this thread, posting separate questions in separate threads is not helpful since people trying to answer will ask questions already answered in previous threads.
      I also post as Mars_Mug when not moderating

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        #48
        hi,

        could someone point me in the right direction to download the possession order form?

        regards

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          #49
          http://www.landlordzone.co.uk/agreements.htm

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            #50
            Is there an example of a completed possession order that i can veiw?

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              #51
              Have you ever tried using Google?

              http://www.youngandpearce.co.uk/landlord-forms.htm

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                #52
                You have not served a section 21a notice, there is no such thing.

                You need to seek possession via the courts, but I would suggest you answer the following questions to be sure the notice you served is valid.

                What dte did the last tenancy agreement begin?
                How long was it for / was an end date specified?
                How frequently was rent due?
                Was a deposit paid and when did you protect it?
                When did you give the tenant the schemes 'prescribed information' and can you prove it?
                What date did you serve your section 21 notice and can you prove it?
                Did the s21 bear the same name(s) as the tenancy agreement?
                What was the expiry date and did it take the format "after 1/12/11" or "on 1/12/11"?

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                  #53
                  Hi Snorkerz,

                  the tenancy started on the 7th September 2010 and was on a AST for six months. this has now become a rolling contract i beleive.
                  Rent was for two months on time since then rent is always at least two months late.
                  a deposit was paid but due to my own error was not protected this has now been done (three months ago DPS).

                  I have two dated receipts from post offices showing when section 21 a was posted (dated 3/10/2011) also I personelly gave the PI to tennant prior to this (with a witness).
                  the 21a notice has exactly the same names as their original contract.

                  please find below copy of section 21 a.

                  thanks for your help in this


                  HOUSING ACT 1988
                  Notice Requiring Possession
                  Assured Shorthold Tenancy: Periodic Tenancy
                  (In terms of Section 21(4)(a) as amended by the Housing Act 1996)

                  1. To Mr xxxxxxxxxxxxxxxxx/ Mrs xxxxxxxxxxxxxxxx/ xx Heysham Drive, South Oxhey, Watford xxxxx
                  2. From Mr xxxxxxx. / xxxxxxxxxxx
                  3. I GIVE YOU NOTICE THAT I REQUIRE POSSESSION OF THE DWELLING HOUSE KNOWN AS xxxxxxxxxxxxx Watford
                  4. After 7th December 2011
                  Signed:
                  Dated: 6th October 2011
                  NOTES:
                  • Where an Assured Shorthold Tenancy has become a periodic tenancy, a court must make an order for possession if the Landlord has given notice in writing.
                  • Where there are joint Landlords, at least one of them must give this Notice.
                  • The date of expiry must be:
                  1. On the last day of a period of the tenancy;
                  2. At least 2 months after this Notice has been given;
                  3. No sooner than the earliest day on which the tenancy could ordinarily be brought to an end by a Notice to Quit.

                  INFORMATION FOR TENANTS:
                  • Where the Tenant does not leave the dwelling, the Landlord(s) must get an order for possession from the court before the Tenant can be lawfully evicted. The Landlord(s) cannot apply for such an order before the Notice to Quit or the Notice to Determine has expired.
                  • A Tenant who does not know whether he has a right to remain in possession after a Notice to Quit or a Notice to Determine has expired can obtain advice from a Solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. Information may also be obtained from a Citizens’ Advice Bureau, a Housing Aid Centre or a rent officer.

                  SECTION 21(4)(a) NOTICE REQUIRING POSSESSION – EXPLANATORY NOTES

                  A Section 21(4)(a) Notice Requiring Possession is a legal document used by a Landlord in cases where he wishes to enforce his rights under the Housing Act 1988 and obtain repossession of his Premises at the end of a tenancy.
                  This Notice may only be used for an Assured Shorthold Tenancy in cases where the tenancy is a periodic tenancy as opposed to a fixed term tenancy. A fixed term tenancy is where the tenancy is granted for a specific length of time, e.g. 12 months. A periodic tenancy is where there is no specified length of time involved but the tenancy will carry on for additional specific periods, usually determined by the frequency of rental payments, e.g. monthly or quarterly. A fixed term tenancy will automatically turn into a periodic tenancy once the specific length of time has expired, unless the parties reach a new agreement or terminate the tenancy.
                  The Landlord must give the Tenant(s) a minimum of 2 months notice and the day on which the Notice expires must be the last day of a period of the tenancy. The period of a tenancy will depend on how often the rent is paid. Therefore, if rent is paid monthly then the period of the tenancy is one month. The periodic tenancy begins immediately after the fixed term tenancy expires.
                  For example, if the period of the tenancy is monthly and the first day of the current period is 1 June then the last day of that period will be 30 June and so a notice served during the current period (i.e. in the month of June) will need to be completed so as to expire on the last day of a period after a further two months (i.e. 30 August). It is crucial that the Tenant(s) be given a minimum notice period of 2 months and one should rather err on the side of caution and provide more notice than risk the Notice becoming invalid due to lack of sufficient notice.

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