Section 21 help and advice needed

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    Section 21 help and advice needed

    Hi I have a tenant who is a bit late paying and I have a gut feeling as they have not answered my text or calls. I think the best way is to go section 21 swallow 3 months loss of rent and find a new tenant, but would appreciate any advice? Also as I have never done this I am concerned about missing a detail and having it thrown out so who is best to use, Ie solicitor or letting agent?? Thanks in advance

    #2
    Although a section 21 notice does indeed give the tenant 2 months notice, it does not force them to leave. It is notice that on expiry you can apply to the courts for possession.

    Many tenants do voluntarily leave at the end of the s21 notice.

    The court process can easily take a further 6 weeks if required, and as long again if you need bailiffs.

    Comment


      #3
      But is this generally easier than section 8? and is it worth a novice like me seeking professional help to carry all this out?
      Originally posted by barriejames View Post
      Hi I have a tenant who is a bit late paying and I have a gut feeling as they have not answered my text or calls. I think the best way is to go section 21 swallow 3 months loss of rent and find a new tenant, but would appreciate any advice? Also as I have never done this I am concerned about missing a detail and having it thrown out so who is best to use, Ie solicitor or letting agent?? Thanks in advance

      Comment


        #4
        Some further info might help:

        Is tenancy in England/Wales?
        When did tenancy start - exact date?
        When did/does fixed term end - exact date?
        Did you take a deposit?
        Is it protected and did you provide tenant with Prescribed information from the scheme used within 30 days of receiving the funds?
        How much rent is currently overdue?
        How many months does this equate to?

        Issuing an S21 is quite straight forward, format templates are available here, and as long as you get dates right and have secured deposit correctly you can DIY the process. S8 is not difficult either, but is not guaranteed possession, partcularly if you are relying on rent arrears which tenant could pay off prior to the court date!

        Comment


          #5
          Originally posted by barriejames View Post
          But is this generally easier than section 8? and is it worth a novice like me seeking professional help to carry all this out?
          Unlike section 8, it is virtually guaranteed if you follow the rules.

          As to DIY vs 'Pro' well if you see below, I'm hardly liable to suggest the former

          Comment


            #6
            Hi yes of course

            England

            Feb 2 2011

            AST six months now periodic
            yes deposit held with DPS yes they were given the information scheme rules
            almost two months overdue just under 1k

            The thing is not to worried about the money but if I chase under section 8 I have heard this can be more difficult? Also can I chase for the money as a seperate issue if serving a section 21? Hope this makes sense
            Originally posted by LesleyAnne View Post
            Some further info might help:

            Is tenancy in England/Wales?
            When did tenancy start - exact date?
            When did/does fixed term end - exact date?
            Did you take a deposit?
            Is it protected and did you provide tenant with Prescribed information from the scheme used within 30 days of receiving the funds?
            How much rent is currently overdue?
            How many months does this equate to?

            Comment


              #7
              So what sort of sum for services should I expect topay, lets assume it goes the whole way and they dont budge until evicted (worst case)

              Comment


                #8
                Section 8 will involve a court hearing. At present you can not serve a section 8 under ground 8 - which is mandatory eviction, you would have to rely on grounds 10 & 11 which would be at the judges discretion.

                You can by all means launch a separate civil claim for the unpaid rent - using section 21 does not remove that right, but the expense of 2 separate claims may sway the balance back in favour of section 8.

                Comment


                  #9
                  I really dont want to leave anything to a judge to decide so I would prefer cast iron certainty, not worried about losing some money but also have a guarantor for these tenants are these of any use when push comes to shove?

                  Comment


                    #10
                    Originally posted by barriejames View Post
                    also have a guarantor for these tenants are these of any use when push comes to shove?
                    That depends on the validity of the guarantee.

                    Some simple questions:
                    Is is executed as a deed?
                    Is the guarantors signature witnessed by an independant witness?
                    Was the guarantor allowed time to read the tenancy agreement?
                    Did you get the guarantor credit checked?

                    Comment


                      #11
                      No not as a deed
                      Yes signatures witnessed
                      Yes the were credit checked
                      Not sure on the agreement reading

                      Hope this helps

                      Comment


                        #12
                        Thanks I will call cand send pm until i reach 15 posts this isnumber 14!!!

                        Comment


                          #13
                          post 15 now can send pm

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