Section 21 - Confused by Dates?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 21 - Confused by Dates?

    Hi,

    I'm a bit worried by what I have read on the Internet regarding incorrect dates on Section 21 notices. Does anyone know whether what I have donE below is correct?

    Our tenant is currently on a periodic tenancy and hasnt paid rent since 4 October 2012. The rent is due on the 4th monthly and as we didnt recieve this in November, and the tenant did not answer any of our calls, we hand delivered a section 21 on 30 November 2012(with a witness). The end date on the notice is 3 February 2013 which gives at least two months notice and ends on the day before the rent is due. The rent has also not been paid in December and will have still not made contact with the tenant (although it is clear they are still living there). The tennant is in receipt of Housing Benefit, although I do not have this paid directly to me. I have contacted housing, completed a non paying tenant form and they are investigating.

    Any advice, confirmation of correct procedure would be greatly appreciated, and put my mind at rest (at least until after Christmas!)

    Thanks Mark

    #2
    When you originally let the place to the tenant, did that tenancy begin on the 4th of a month? How is it specified the rent should be paid? (monthly? every 28 days? weekly?)
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Also, was there a deposit and is it protected? Failure to protect and serve tenant with prescribed information will invalidate an S21 regardless of the dates used.

      Comment


        #4
        Do you have a witness to the delivery? Is the end date specified as "on 3rd February 2013" or "after 3rd February 2013"?

        Comment


          #5
          Strange how our questions get ignored.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            Give him a chance. OP was only posted 10 hr ago.

            Comment


              #7
              Apologies for the delay, as you can see I'm new to this and didnt expect so many prompt replies, so thanks everyone for that.

              To answer your questions:

              *When we originally let the property, the tenancy began on 1 February 2012.

              *Rent to be paid on 4th monthly

              *Deposit of one months rent was taken and is in the deposit protection scheme, and tenant was given all associated documentation

              *Day is specified as 'after 3 February 2013'

              So, I'm not sure whether what I have done is correct, or whether the end date should be 'after 31 January 2013'?

              If the end date should be after 31 January 2013, can I re-issue another Section 21 now, or would I have to wait until the current one expires?

              Kind regards

              Comment


                #8
                It seems likely that date specified is wrong and that it should indeed have been "after 31 Jan".
                To be sure, could you tell us how was the fixed term tenancy's duration specified? (I'm assuming that the tenancy that started on 1/02/2012 was a fixed term tenancy)

                You may serve another s.21 notice at any time.

                Comment


                  #9
                  What matters is when the fixed term ended. Was an end date specified, or just a duration? (12 months?)

                  You may serve a new section 21 at any time, but obviously not for the 31st of January anymore. Make sure you get the dates right first.
                  All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                  Comment


                    #10
                    The earliest you can apply to court is the 1st March 2013(expiry of Sec 21 is 28th Feb 2013).

                    Serve a Sec 8 notice citing grounds 8, 10 & 11.
                    This only needs 14 days notice, so you could apply for possession in early Jan.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Thanks, I was starting to think the date was incorrect!

                      I will have to check tonight, but I'm pretty sure the fixed term did not specify an end date and was just for 6 months.

                      Can I serve a section 8 and a section 21? Reason being....Just for peace of mind, in case I have any issues with the section 8.

                      Comment


                        #12
                        Yes, you can serve both notices, and act on one/both/neither of them.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Excellent, I will serve both a section 8 and 21 tomorrow. I will give 21 days for the section 8 notice, so it cannot be said I did not give enough time with Christmas etc..

                          Comment


                            #14
                            Originally posted by mark2103 View Post
                            Excellent, I will serve both a section 8 and 21 tomorrow. I will give 21 days for the section 8 notice, so it cannot be said I did not give enough time with Christmas etc..
                            You don't have to take into account holidays etc.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              One final question..do you think it would be worth me contacting a solicitor to deal with this on my behalf?

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Deducting Cleaning Costs from Deposit
                                by DoricPixie
                                The tenancy terms in the tenancy agreement? Not every AST is the same so is that not a bit of a sweeping statement to say that it is always a requirement? Which clause in the model AST provide by the government makes it a requirement for a tenant to leave the property in a reasonable state of cleanliness...
                                28-01-2022, 12:50 PM
                              • Deducting Cleaning Costs from Deposit
                                by Piffy
                                I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
                                27-01-2022, 11:30 AM
                              • Reply to Inherited a few rentals
                                by boletus
                                Different circumstances but regarding vacant possession prices from yesterdays Guardian;

                                https://www.theguardian.com/politics...nistry-defence...
                                28-01-2022, 12:39 PM
                              • Inherited a few rentals
                                by Landlord7289
                                Hoping for some advice on this situation from people who may have been through similar...

                                I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

                                My situation is I am early 30s in full time employment, live...
                                25-01-2022, 15:02 PM
                              • Reply to Inherited a few rentals
                                by AndrewDod
                                I highly doubt that would pass muster with HMRC (if audited) unless it is some sort of long term tenancy from which one cannot escape.

                                A small diuscount can be applied (and is sanctioned by HMRC) where there are genuine difficulties (for example in the case of jointly owned property where...
                                28-01-2022, 12:02 PM
                              • Reply to Inherited a few rentals
                                by jpucng62
                                I think that might only be in the case of a regulated tenancy where you can't recover the property.

                                Generally if you pay less IHT you will probably pay more CGT when you sell (unless it is still a regulated tenancy)....
                                28-01-2022, 11:59 AM
                              • Reply to Inherited a few rentals
                                by DPT57
                                In that case I would strongly urge you to join a landlords association and do some training, or you'll find your net profit is negative due to fines, penalties and non-paying tenants who prey on inexperienced landlords....
                                28-01-2022, 11:31 AM
                              • Reply to Inherited a few rentals
                                by Piffy
                                I was once told that if a property is rented that reduced the valuation for probate purposes by 40% which is quite useful as I found a low valuation reduced the amount of Inheritance Tax of 40% and when I sold 8 years later I had to pay the lower Capital Gains Tax.
                                I your case I would (if not...
                                28-01-2022, 11:30 AM
                              • Reply to Inherited a few rentals
                                by Landlord7289
                                Thank you to all people who responded but thank you for a more balanced view. I am in no rush to sell all as the properties are quite low maintenance whilst running on interest only mortgages I'm in the process of transferring to me. To answer your questions...

                                1. Net profit - happy with...
                                28-01-2022, 10:23 AM
                              • Reply to Renting rooms
                                by jpkeates
                                Where you live would be determined on the facts of your particular case.
                                As you wouldn't be living there, it wouldn't pass.

                                Based on your two recent threads, you're trying to achieve the impossible.
                                If there was a way of legally letting a property with little or no risk of a...
                                28-01-2022, 09:25 AM
                              Working...
                              X