Section 21 now or February?

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

  • boletus
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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...

    Leave a comment:


  • LesleyAnne
    replied
    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!

    Leave a comment:


  • boletus
    replied
    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.

    Leave a comment:


  • happy witch
    replied
    Thank you.

    Leave a comment:


  • jta
    replied
    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.

    Leave a comment:


  • happy witch
    started a topic Section 21 now or February?

    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.

Latest Activity

Collapse

  • Reply to Advice for tenant and section 8 counter claim
    by theartfullodger
    'phone Shelter 0808 800 4444 for advice.
    18-05-2022, 18:31 PM
  • Advice for tenant and section 8 counter claim
    by Forgetmeknot
    I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
    so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
    18-05-2022, 16:30 PM
  • Reply to Is my estate agent misleading me?
    by abimsalabim
    As I said in the original post, the deposit is NOT in a Tenancy Deposit Scheme but, instead is being held directly by the Agent....
    18-05-2022, 18:31 PM
  • Is my estate agent misleading me?
    by abimsalabim
    I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
    18-05-2022, 14:15 PM
  • Reply to Is my estate agent misleading me?
    by abimsalabim
    If the agent is refusing the mediate the dispute between the tenant and myself but, is instead asking me to go to court, what are my options in terms of penalising the agent? Apart from firing them, can I get compensation from them failing to provide their services?...
    18-05-2022, 18:29 PM
  • Reply to Capital Gains Tax dilemma
    by theartfullodger
    You declare (online) and pay CGT within 60 days of sale. Depending on the numbers I would expect you to pay CGT. What records do you have of applicable costs, etc?

    What you pay will depend on what CGT rules when you sell - v unlikely to be better than today, possibly worse. Covid,...
    18-05-2022, 18:29 PM
  • Capital Gains Tax dilemma
    by Ollyn
    Hello

    I am considering whether to sell my house which has been let for some time and need to see how I can best deal with CGT.

    I lived in the property from 1984 until 2006.

    From 2006 it has been occupied by tenants, now vacant and being renovated.

    ...
    18-05-2022, 18:17 PM
  • Reply to Is my estate agent misleading me?
    by abimsalabim
    Yes


    Yes, I agree that deposit protection legislation does not apply and I happy to settle this dispute without trying to involve a Deposit Scheme


    I understand where you are coming from. I do not have access to the company directly as all communication so far has...
    18-05-2022, 18:17 PM
  • Reply to Single parent renting
    by ash72
    The reality is that there a fewer and fewer properties coming onto the rental market, as LL's are selling up, this unfortunately means that those left in want higher rents due to the burden of higher external costs (mortgages, licences, insurance, etc etc) This ultimately means that LL's can in some...
    18-05-2022, 17:08 PM
  • Single parent renting
    by Dct
    A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
    18-05-2022, 16:32 PM
Working...
X