Question about whether section 21 is still valid, and best way to evict...

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    Question about whether section 21 is still valid, and best way to evict...

    Hi all, I let a residential property to a tenant and wondered if anyone would be good enough to let me know the correct way of doing things, as this is my first 'section 21' experience!

    Basically the tenant was in an AST until around Nov 2011. In Sept 2011 I served a Section 21 Notice as I was receiving multiple reports of noise disturbances at night from the neighbours. It's an end-terrace so there is only one set of neighbours, but they had compiled a log of the events, and I also had a visit by the police to my house to make me aware of the situation!

    Anyway his behaviour improved and I decided to do nothing after the S21 notice expiry, and so if I understand the law correctly, the tenancy went onto a Periodic Tenancy.

    I am being called by the neighbours every couple of weeks now and they are at their wits ends with the noise disturbances that my tenant is causing. I think the best situation would be to remove the tenant from my property, so my question is firstly... does the S21 notice still stand even though it was served a long time ago? Secondly, what is the best procedure for me to remove the tenant given the circumstances? Do I have to apply to the court for a possession order? If so would I use the 'anti-social behaviour' clause for an accelerated possession?

    Many thanks for any help, I want to try and stand by the letter of the law so I don't end up regretting a simple mistake!

    Oh and the deposit is in a protected scheme, however I am probably going to have to claim the deposit to replace the carpets which they have heavily messed up beyond cleaning.

    #2
    if the notice was valid back then, then it will probably still be valid unless you suggested to the tenant that you are happy to let him stay (i.e. suggesting a new tenancy)

    Can you tell us when the tenancy started and when the last fixed term ended? You say the deposit is protected. When was it protected? have you given the tenant the prescribed information (15+ pages) and can you prove it? What was the wording on the section 21 you served and when was it served? Do you have proof?

    You do have to apply to court for possession, but you dont need any grounds. The section 21 is a no fault termination.

    Your deposit deductions are irrelevant. As far as the possession is concerned, the only thing that matters are the dates and deposit protection compliance
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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      #3
      Originally posted by MSaxp View Post
      if the notice was valid back then, then it will probably still be valid unless you suggested to the tenant that you are happy to let him stay (i.e. suggesting a new tenancy)
      If a landlord stated that a tenant can stay, it does not invalidate a Sec 21 notice.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Originally posted by thesaint View Post
        If a landlord stated that a tenant can stay, it does not invalidate a Sec 21 notice.
        And how many times here have we seen it stated that a tenancy does not have to be in writing and a agreement to continue may invalidate the S21 if the tenant claims the LL offered and accepted a verbal tenancy?

        Comment


          #5
          Originally posted by thesaint View Post
          If a landlord stated that a tenant can stay, it does not invalidate a Sec 21 notice.
          If it does not invalidate it (which is still up to the court to decide), it may still cause the court to refuse granting costs to landlord.
          So it creates an unnecessary risk: There's no reason to do so.

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