Section 21 - Where have I gone wrong......

  • Filter
  • Time
  • Show
Clear All
new posts

    Section 21 - Where have I gone wrong......

    Tenancy in England started 28 July 2010 6 month AST went periodic.

    Section 21 issued on 28th November 2011 asking for possession on or after 2nd February 2012. Tenants accepted service.

    Applied for possession order 27th May 2012 and judge has chucked it out saying I should seek legal advice.

    Tenants have left 6 June 2012.

    What went wrong?

    Freedom at the point of zero............

    As it was a periodic tenancy, the expiry date of the s21 needed to be the last day of a tenancy period.

    Presuming the fixed term ran from 28/7/10 to 27/1/11 then if rent was reserved monthly, each tenancy period ran from 28th of the month to 27th of the following month.

    Your s21 should have had an expiry daye of "after 27th XX 2012", so if served on 28th November, the expiry could have been 'after 27th February 2012' (because 27 Jan would be less than 2 months).


      How did the 2nd of February come up?

      Your periodic tenancy seems to have started on the 28th of January 2011, running from the 28th to the 27th

      And why are you asking since the tenants left anyway?
      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.


        Thanks Snorkerz. I think confusion has occurred because tenants asked to pay rent 1st of the month though tenancy started on 28th. They paid 2 days separately in advance on the 1st occasion rent was due.

        What to do now? No idea where tenants have gone - not an amicable parting. Deposit suspended as they owe nearly as much in rent debt.

        Freedom at the point of zero............


          M SAxp - just got court letter refusing judgement today.

          Technically tenancy is not formally ended. I feel I need to dot T's and cross I's

          Freedom at the point of zero............


            How do you mean the deposit is suspended?

            If the property is vacant (ie clear of all the tenants goods) then you may feel it is safe to take that as a surrender by opration of law. It is possible they will come back, but it sounds unlikely.

            If you have their mobile number and a fancy phone, you may want to text them asking if they have surrendered the property. If they reply in the affirmative, print it off.


              I asked the DPS to suspend the deposit after reading on another forum that a tenant with help from Shelter managed to get the deposit returned to her as she had the repayment ID. LL it that case had given in to the tenant unwittingly for info months prior.

              I'm sure my tenants don't have the repayment ID but I wanted them the realise that by contacting the DPS they would not get the cash without a fight. They are Polish - no patience, in massive debt and want everything now.

              They are on HB and the LA has agreed a cut of date of 6th June of paying rent to me. Technically I could have gone for another months rent but I am not that nasty.

              They did leave a sofa bed behind -'for the next tenants' verbally offered but I had it removed by a contractor - yes I know they could want it back.

              Unfortunately at the weekend I received threatening texts and voicemail from the husband telling me he would come to assault me at 5pm -I appreciated the notice! I informed police and he was picked up by them using a payphone to make the calls! I don't want to communicate by text or any other means for the time being.
              All gone quiet since then and now got house in bits as they trashed the bathroom.

              I am just annoyed with myself that I got the dates wrong and I wanted the judgement to charge them for the court fee of £175. Too much else happening!

              Freedom at the point of zero............


                DPS would not have released the deposit without your approval.

                Now your only way of getting it released is to go to court and sue for the damages/unpaid rent

                Presuming you are successful, the judge can order DPS to release the deposit to you.


                Latest Activity


                • Section 8 on tenants without deposit
                  by dereham
                  Hello all

                  Is it difficult to evict a tenant (section 8 rent arrears) if they didn't pay a deposit when they moved in?
                  It might be a silly question - I know it's a massive issue not to have protected a deposit when it comes to eviction but I can't find any info about cases where there...
                  02-12-2021, 11:30 AM
                • Reply to End of tenancy questions
                  by leasee123
                  So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
                  02-12-2021, 09:56 AM
                • End of tenancy questions
                  by leasee123

                  I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
                  01-12-2021, 21:08 PM
                • Reply to Alternative ways to enforce a Peaceable Eviction
                  by bob369
                  I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
                  Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
                  02-12-2021, 09:54 AM
                • Alternative ways to enforce a Peaceable Eviction
                  by bob369

                  A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

                  I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
                  24-11-2021, 23:16 PM
                • Reply to End of tenancy questions
                  by jpkeates
                  You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

                  The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
                  02-12-2021, 09:50 AM
                • Reply to Granting a very long AST (to a family member)
                  by Section20z
                  The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
                  02-12-2021, 09:44 AM
                • Granting a very long AST (to a family member)
                  by meehr
                  For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
                  01-12-2021, 23:27 PM
                • Reply to End of tenancy questions
                  by leasee123
                  But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
                  02-12-2021, 09:43 AM
                • Reply to who's repsponsibility
                  by jpucng62
                  Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
                  02-12-2021, 09:20 AM