section 21 and arears

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  • section 21 and arears

    Hi if a housing tenant has been given a section 21, is it a problem to still accept their rent from the housing dept during this notice period? Also they owe arrears so could the payment they continue to make be used for this purpose?

  • #2
    Why should it be a problem to accept rent for a period during which rent is payable and owed?
    '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
      The tenancy has come to an end and I thought that as a section 21 has been issued still collecting rent may be a problem as you may be creating a new tenancy albeit a periodic one, but if rent can be collected after they have been served the notice and until they leave or by a court order which ever is sooner then that's great!

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      • #4
        The tenancy hasn't come to an end, it comes to an end when you get notice off the tenant, the tenant surrenders the tenancy or you get and execute a court order.

        It is fine to continue as normal until your tenant leaves. The only exception to that is if the tenant gives notice and then doesn't leave on the expiry of the notice.

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        • #5
          Originally posted by spare View Post
          The tenancy has come to an end and I thought that as a section 21 has been issued still collecting rent may be a problem as you may be creating a new tenancy albeit a periodic one
          A s.21 notice does not end the tenancy, nor oblige the T to vacate. The only effect of a s.21 notice is to entitle the LL to apply for a possession order after the notice expires.

          The only way you may unilaterally end the tenancy is by obtaining and enforcing a possession order. The tenancy will not end until the date that the bailiff enforces the possession order. Meanwhile, the tenancy continues and rent remains payable.

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          • #6
            Cheers, yes the usually local council have told him to get evicted so then they will rehouse him. So section 21 issued and he says he won't leave until the ct order.

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            • #7
              But have the council told him that the court can order HIM to pay your court fees?

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