Expiry of a Section 21 Notice

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    Expiry of a Section 21 Notice

    Hi all - Wonder if anyone can help???

    After many issues etc, I served my tenant with a section 21 notice (all paperwork/dates correct etc) which is due to expire after 18th Jan 2012. Basically my tenants housing benefit (paid direct to me) was suspended as her partner was working. He worked for a 4 week period and the rent was unpaid over this time. However, he is no longer working so rent is being paid in full again by council direct to me. Until the next time........

    Me evicting them is actually a dream come true as they are after a three bed council house so they can move the partners son in but are not getting one as not a priority. Me evicting them will help them acheive this.

    Housing options will not contact me regarding their eviction until I take it to court. Then they might contact me to see if anything can be done to avoid eviction.

    Now the rent is being paid again I am tempted to not go ahead and seek possesion (until the next time) as it will cost me a small fortune to make the flat presentable as they have not looked after it very well.

    The tenant has been there 4 years now and has totalled up £999.05 in arrears to date which although is not ideal, over a four year period, probably cheaper than setting a new tenancy up etc.

    What I would like to know is if I do not seek possesion after the S21 has expired, can I then seek possesion at anytime (ie the next time her partner gets a job and HB is suspended and they do not pay rent) or would I have to re-serve a S21? I appreciate it sounds mad to consider not seeking possesion, but it would delay considerable financial cost of which I will have to outlay once they have departed.

    I will be using money claim on line re the arrears as a seperate issue anyway. I imagine I will get £1 a week, if I'm lucky, but better than the current zero!

    Thank you for your help.

    #2
    Provided the original S21 was served 100% correctly, and you have complied with deposit protection/issued prescribed information from the scheme you used, then S21 will remain valid until a new tenancy agreement is issued.

    However, do not enter into any discussions with the tenants about not persuing the eviction at the moment, if they continue to behave, pay on time etc, as tenancy does not have to be in writing, and should you "imply" a verbal tenancy, the tenant can claim this was agreed and void the S21.

    Comment


      #3
      Thank you Lesley. I will say and do nothing for now then.

      Eventually they will ask what is going on - What can I say then? Should I simply state that I am yet to seek possesion as the rent is now being paid and therefore the current tenancy remains in place but that I can seek possesion at anytime.

      Comment


        #4
        Sorry, meant to add deposit was protected and prescribed info sent at the beginning of tenancy.

        Comment


          #5
          Just state that the S21 is still valid and that you reserve the right to apply for possession at any time. Leave it at that, as the S21 is a no fault notice, so you do not need to justify using it or have any reason/grounds to apply for possession.

          I suspect the tenant may want you to persue the eviction, as you say, to secure council/HA housing, but it is your perogative to act on it or not. When it was common place to issue S21 notices at the start of the tenancy (no longer valid since advent of deposit protection), many tenant were totally unaware they had a valid notice sitting in the background, so no need to go into any details with the tenant.

          Comment


            #6
            Even if HB is being paid direct to LL, it is still Ts resp to ensure rent is paid when due.
            Ts appear close to being 2 months rent owing, so serve s21 but be prepared to serve s8 g8 when appropriate. You have no obligation to assist in obtaining social housing for T. Indeed many Councils still regard s8 g8 eviction as T making themselves intentionally homeless', thus Council has no duty to provide perm accom.
            Also inform Ts that,if nec, you will ask for Court repo costs (s21 or s8) to be awarded against them.

            Comment


              #7
              I would use the opportunity to write the tenant a letter stating that you will not be pursuing the Sec 21 at this time, and will leave the periodic tenancy to run.
              Also, In the meantime, they need to set up a payment plan.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Thanks all for your advice. Appreciated.

                Comment


                  #9
                  Originally posted by thesaint View Post
                  I would use the opportunity to write the tenant a letter stating that you will not be pursuing the Sec 21 at this time, and will leave the periodic tenancy to run.
                  I think it would be very unwise to do that.

                  Comment


                    #10
                    Originally posted by jjlandlord View Post
                    I think it would be very unwise to do that.
                    Agreed, and the reason is that the S21 must be unequivocal.
                    I offer no guarantee that anything I say is correct. wysiwyg

                    Comment


                      #11
                      Originally posted by jjlandlord View Post
                      I think it would be very unwise to do that.
                      I knew someone would say that, but, such is life.

                      Originally posted by jta View Post
                      Agreed, and the reason is that the S21 must be unequivocal.

                      What was not unequivocal about the Sec 21 that was served?
                      What part of housing law states a Sec 21 must be unequivocal?
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        Originally posted by thesaint View Post

                        What was not unequivocal about the Sec 21 that was served?
                        What part of housing law states a Sec 21 must be unequivocal?
                        Because if you say (or worse, write) that you may not use it IF (certain conditions are met) then a judge may see that as making an offer of a new tenancy, that would invalidate it.
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          Originally posted by jta View Post
                          Because if you say (or worse, write) that you may not use it IF (certain conditions are met) then a judge may see that as making an offer of a new tenancy, that would invalidate it.
                          Good job no one suggested that.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment

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