Getting the date right on a section 21

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    Getting the date right on a section 21

    I had previously pretty good relations with a tenant, until many many noise disturbances by her partner leading to neighbour threats of notice on my flat lease. I served notice and we agreed she would move out and set a date for a few days ago (on the day rent is due), but she not only didn't go but also didn't pay the rent. I'd been very reasonable, giving her extra time to find a new place, aside from when they are together and drunk (weekly) she's been a good tenant.

    The tenancy expires anyways on the 11th September and I'm thinking that serving a s.21 notice may be the easiest way to remove her. Although I have given notice already I'm worried that proving the noise etc. will be difficult and time-consuming in court. She has already sent solicitors letters regarding this making false claims, ie she's not with her partner etc, although he has all but moved in. Each time she swears blind there won't be a next time, probably meaning it, but then there's another 3am row and broken windows or what not.

    Do I need to give two months notice from the day she receives the s.21 notice, or two months to conicide with rent payment days? This would make it nearly 3 months notice and more lost rent. I don't like losing rent but number priority is getting her out before the residents association take legal action over the noise themselves.

    Really annoyingly I had a lovely tenant lined up for the end of the month too, she'd even packed up things in the flat but then fell out with the letting agents for the new place.

    #2
    Originally posted by strawberrykate View Post
    The tenancy expires anyways on the 11th September and I'm thinking that serving a s.21 notice may be the easiest way to remove her. Although I have given notice already I'm worried that proving the noise etc. will be difficult and time-consuming in court.
    Assuming you mean you served a s.8 notice, the ground cited would be discretionary if it related to nuisance, so s.21 is unquestionably a more reliable route to possession.

    Do I need to give two months notice from the day she receives the s.21 notice, or two months to conicide with rent payment days?
    A notice served during the fixed term must give at least two months' notice. It does not have to expire at the end of a tenancy period (this only applies to notices served during a periodic tenancy).

    Do not, however, attempt to give *exactly* two months. Add on a week, so as to be sure that T is given a minimum of two clear months.

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      #3
      thank you, much appreciated

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        #4
        Don't forget the section 21 notice does not oblige the tenant to leave. She might, but she has no obligation to.
        If the residents association are 'on your case' I would liaise with them so that they can see you are taking every possible action to bring their problem to an end at the earliest possible opportunity.

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          #5
          Does your tenancy agreement state how notices should be served?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            Originally posted by thesaint View Post
            Does your tenancy agreement state how notices should be served?
            6 TERMINATING THE TENANCY
            6.1 The Landlord can terminate the Tenancy after the last day of the Term or after this by giving 2
            months notice under section 21 of the Housing Act 1988 but only where the tenancy deposit scheme
            under which the Deposit is held has been complied with.
            6.2 The Tenant may terminate this tenancy by vacating the Property on the last day of the Term, or
            after that by giving the Landlord one month's notice in writing.
            6.3 In the event that the Tenant shall seek to end this agreement before the end of the Term the
            Tenant shall be responsible for the Landlord's reasonable costs in re-letting the Property together with
            any Rent falling due until a new tenant is obtained for the Property. This is in addition to any other
            contractual rights and remedies that the Landlord may have from time to time.
            6.4 The Landlord reserves the right to re-enter the Property in the following circumstances:
            (a) the Rent remains unpaid 14 days after becoming payable whether formally demanded or not
            (b) the Tenant is declared bankrupt under the Insolvency Act 1986
            (c) the Tenant is in breach of any of its obligations under this agreement
            (d) Grounds 2, 8, 10-15 and/ or 17 of Schedule 2 to the Housing Act 1988 apply and where the
            Landlord exercises his powers of re-entry pursuant to this clause 6.4 the tenancy created by this
            agreement shall absolutely determine but without prejudice to any claim which the Landlord may have
            against the Tenant in respect of any antecedent breach of the Tenant’s obligations.
            6.5 Where the Property is left unoccupied by the Tenant, without prior notice in writing to the Landlord
            or Landlord's Agent, for more than 28 days and the Rent for this period is unpaid, the Tenant shall be
            deemed to have surrendered the Tenancy. This means that the Landlord may take over the Property
            and take steps to find another Tenant.


            What, if any, does the clause about 14 days rent have please?

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              #7
              Originally posted by strawberrykate View Post
              6 TERMINATING THE TENANCY
              6.1 The Landlord can terminate the Tenancy after the last day of the Term or after this by giving 2
              months notice under section 21 of the Housing Act 1988
              No, he can't. In order to unilaterally end the tenancy, LL must obtain a possession order from the court, and get a bailiff to execute the order.

              What, if any, does the clause about 14 days rent have please?
              It's a standard forfeiture clause. It only operates if the tenancy ceases to be an assured [shorthold] tenancy, and does not override the prohibition against eviction without due process of law in Protection from Eviction Act 1977 - i.e. you'd still need to obtain a possession order.

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