Section 21 now or February?

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    Section 21 now or February?

    Good morning and happy new year!

    We have a buy to let house with a tenant in there. We are in England. She is on a rolling contract. Very simply we want the house back as my husband and I have separated and the house needs to be sold. So, presumably we serve a section 21 to give her 8 weeks notice - in fact we don't want the house until April 1st (ish) so do we serve it now or wait until February. I would like to give her as much notice as possible. She is on benefits and no rent arrears - and we had no deposit. Or should we just have a chat with her now and say we intend to serve a s21? therefore she still gets some warning? I assume she will go to the council and they will tell her to sit tight for a court date. Thankyou.

    #2
    The council is likely to tell her to sit tight until the bailiff arrives, only then will they shift their bums to sort out the problem. Prepare yourself to follow all the procedures before regaining possession.

    That's not to say you and she have to be confrontational with each other, she would probably appreciate you talking with her and explaining the steps that you must go through and knowing there is no animosity involved.

    Serve the S21(4)(a) now, you'll be lucky to get the house back by April.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Thank you.

      Comment


        #4
        Originally posted by jta View Post
        The council is likely to tell her to sit tight until the bailiff arrives, only then will they shift their bums to sort out the problem. Prepare yourself to follow all the procedures before regaining possession.
        I appreciate that used to be the case but is it still happening in light of last month's Homelessness Suitability of Accommodation Order?

        Councils no longer have a reason to continue trotting out this (self defeating) advice and it goes against their code of guidance.

        Comment


          #5
          Whenever you do decide to issue the S21, if rent is paid monthly, it is 2 full calendar month's notice, not 8 weeks. I assume you are aware how to issue the notice, serve it to the tenant correctly etc, for it to stand up to court scrutiny if you need to apply for possession?

          No harm in warning your tenant of your future plans, as the sudden arrival of a notice out of the blue is never a welcome event, but be careful of entering into any conversations regarding her future AFTER you issue it, as tenant could claim a verbal tenancy has been offered, and invalidate your notice!

          Comment


            #6
            Originally posted by boletus View Post
            I appreciate that used to be the case but is it still happening in light of last month's Homelessness Suitability of Accommodation Order?

            Councils no longer have a reason to continue trotting out this (self defeating) advice
            and it goes against their code of guidance.
            Anything that delays council spending is frequently popular with councilors, council officials (possibly with targets..) and those guys in Whitehall "led" by Pickles-with-the-healthy-appetite...

            Wrong I agree, but it's what happens...

            (Some) Councils (and some housing associations & some agents & some landlords & some tenants) can & do ignore legislation when it suits them... occasionally very actively: I am aware of one council who in the recent past (not now I grant..) had a simple approach to those presenting as homeless: Where would they like a single train ticket to ?? Many councils appear to take strenuous steps to avoid providing financial help or advice to those requesting help..

            Let's hope the economy recovers & things get better...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by theartfullodger View Post
              Anything that delays council spending...
              That's what I'm getting at. With the new Homelessness etc order there is no spending savings anymore.
              Councils no longer have a duty to provide a council house or pay for temporary B&B accommodation therefore there is no reason for them to routinely advise waiting for the bailiffs.

              Obviously they are going to have to work a lot harder at cooperating with the private rented sector but that should not have cost implications, just a big shift in council's attitudes towards the PRS.

              To be fair, they weren't doing it in the past because of being jobsworths but out of necessity.

              It's a major change that I think we will be hearing a lot more about in 2013.

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