What happens after a section 21

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  • What happens after a section 21

    Hi,

    I am very, very new to this posting! So please bare with me. My tenants have had a Section 21 on them and they are refusing to move out until they are rehoused by the council. It doesn't help that the council have told them not to move out and wait until I have got a possession order. This will mean the council can push them up the list. I am furious as the tenants have been a nightmare from day one. They have been there 12 months.

    Anyway I will cut to the chase! I receive housing benefit. HB will continue to pay rent until they move out. If I continue to receive this, will it affect me trying to get the tenants out as there is no longer a tenancy agreement, as it has expired.

    Also am I liable for any work needed on the property while the tenants are still there?

  • #2
    There *is* a tenancy agreement in place. When the fixed term expired, a statutory periodic tenancy automatically arose, replacing the fixed term [assured shorthold] tenancy, under section 5(3) Housing Act 1988. In other words, the tenancy effectively continues, as a 'rolling contract'.

    Rent remains payable while the tenancy continues.

    A s.21 notice is not a notice to quit. It does not end the tenancy nor oblige the T to vacate. Indeed, it has no effect on the tenancy at all. It just entltles you to apply for a possession order after notice expiry.

    The only way you can unilaterally end the tenancy is by applying for a possession order. When and if you obtain one, you then ask for a court bailiff to execute the order. The tenancy will end on the day that the bailiff executes the order. Rent is payable up to that date.

    Your statutory repairing obligations remain in place for the duration of the tenancy.

    Comment


    • #3
      Wesminster,

      Thank you for your very quick reply. This has helped me out considerably.

      Comment


      • #4
        Before you apply for the court's help in ending the tenancy, as you have admitted to being very new to letting, perhaps we can check whether your S21 is valid. No point in getting to court to find its thrown out on a technicality!

        When did tenancy start - exact date?
        When did fixed term end - exact date?
        Did you take a deposit at the start?
        Was this protected in a scheme within 30 days, AND the prescribed information issued to the tenant with proof that you sent it?
        Who issued the S21 - you or an agent?
        When was it issued to the tenant - exact date?


        Unfortunately, it is common practice these days for councils to tell tenants to sit tight until LL goes through the full eviction process. If they move out without being evicted, they are considered unintentionally homeless, and council has no obligation to rehouse them.

        Comment


        • #5
          Yes I am slightly worried about this s21 but I have been assured by the agent who dealt with it that it is all fine! But it's great that you have offered to check it for me, thanks.
          Start-14 sept 2011
          End-13 sept 2012
          Deposit yes and it was taken and help by the agent and it has been protected, and the information sent to the tenants. The agent has sent me a copy of this.
          The agent sent the s21 and again has sent me proof of receipt.
          It was posted to the tenants on 28th march 2011 they were on a 12 month contract.

          I hope this is all in order!

          Comment


          • #6
            Originally posted by Any help View Post
            It was posted to the tenants on 28th march 2011 they were on a 12 month contract.
            I presume you mean 2012. What is the expiry date of the notice - the exact wording used, please.

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            • #7
              Yes sorry 2012. The expiry is ...After 13 September 2012. The agent tells me that it expires on the 13th otherwise the tenancy would end in statutory periodic if it ended the next day. Is this correct?

              Thanks for your help

              Comment


              • #8
                If, as you mentioned, the 13th is the last day of the fixed term tenancy then "after 13th september" is fine.

                Originally posted by Any help View Post
                The agent tells me that it expires on the 13th otherwise the tenancy would end in statutory periodic if it ended the next day. Is this correct?
                No. As per post #2 there is nothing you can do to prevent a statutory periodic tenancy from arising.

                Comment


                • #9
                  Originally posted by Any help View Post
                  Yes sorry 2012. The expiry is ...After 13 September 2012. The agent tells me that it expires on the 13th otherwise the tenancy would end in statutory periodic if it ended the next day. Is this correct?

                  Thanks for your help
                  Please tell your agent that a section 21 notice does not end the tenancy.

                  The fixed term tenancy would have ended at midnight on 13th Sept whether the s21 had been served or not. A new 'statutory periodic tenancy' arose on its expiry, and again, there is nothing your agent would have been able to do to change that. I presume your agent expects you to pay him for his expertise?

                  Comment


                  • #10
                    Snorkerz and jjlandlord,

                    Thanks for your advice, I feel slightly better about submitting my N5B form. Hopefully I will be rid of my tenants very soon!

                    Comment


                    • #11
                      Originally posted by Any help View Post
                      Yes sorry 2012. The expiry is ...After 13 September 2012.
                      At least the agent got the expiry date right, and correctly expressed.

                      Comment

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