Access for an inspection and Next step after section 21 issued help for a newbie pls

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    Access for an inspection and Next step after section 21 issued help for a newbie pls

    I hope that someone can help me as i have a few issues i need help with.
    Background
    I have tenants a family living in my property they have been there 3 yrs they are now on a periodic tenancy as contract has expired. Initially the property was agent managed but i have been dealing direct with the tenants for 2 yrs . They are persistently late with rent payments , have bounced a cheque on me , have apparently according to a tradesman had a prepayment meter fitted , and some of the furniture from the property is at a relatives of theirs. I previously issued them with the correct section 21 which bought them up to date with rent the above events happened after th first section 21 issued although late payments been every mth for 2 and a half yrs.
    Current Situation
    I have now issued a section 21 again the correct form , dates and deposit is all protected always has been and the tenant has confirmed to me that they have received the notice. The section 21 has 6 wks till it expires im now owed 2 and a half mths rent although it was one and a half when section 21 was issued. What is my next step assuming the tenant does not co-operate ?
    Should i issue a section 8 for unpaid rent although this will be a later date than the current section 21 ? To make a claim fo rent owed do i just go straight to the small claims court or do i need the section 8 as well ?

    One final thing i want to see my property havent seen it for a yr i want to check the condition as i want to move back in myself when tenants move out. Tenant said when was good i have emailed and texted to confirm time and day and have been completely ignored what do i do ??

    Thank you

    Emma

    #2
    See this VERY long thread..
    http://www.landlordzone.co.uk/forums...ion-or-viewing

    Any notice of inspection (read thread..) must be in writing (no, not email, TXT...).

    You appreciate S21 is not a notice to quit, does not end tenancy, tenant does not have the leave??

    I would issue S8 also - it might just encourage T to pay.. and you can decide if you wish to proceed with it or not later (particularly is S21 fails as many do..)

    Cheers!
    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


      #3
      If i issue a section 8 tomorrow the 15th and the tenancy ends on the 3rd of the month what dates do i have to put on the section 8 .
      I thought a section 21 was a mandatory notice to quit my dates are all correct , what is section 21 then ?

      thanks

      Comment


        #4
        Originally posted by EmmaJ View Post
        I have now issued a section 21 again the correct form , dates and deposit is all protected always has been
        I think we should check that your notice is valid.

        1. What date did the last fixed term contract commence? (dd/mm/yy)
        2. Length of term? and is an 'end' date specified?
        3. Rent payable monthly/weekly?
        4. Date s.21 notice served or posted?
        5. Date of expiry of notice, exact wording please, e.g. "after 21st January 2013"
        6. Did you obtain evidence of the date of service?
        7. Did you provide the prescribed information to the tenant? This is several pages, not just a one page certificate.


        What is my next step assuming the tenant does not co-operate ?
        Assuming your s.21 notice is valid, then after it expires, you apply to the courtfor a possession order.


        Should i issue a section 8 for unpaid rent although this will be a later date than the current section 21 ?
        A s.8 notice citing grounds 8, 10 and 11 only has to give 14 days' notice.

        To make a claim fo rent owed do i just go straight to the small claims court or do i need the section 8 as well ?
        If you claim for possession via s.8 then you can claim unpaid rent alongside it. If you claim via s.21 then it's simplest to make a separate claim for unpaid rent; it will only be a 'small claim' if the amount of rent owing is £5K or less.

        Comment


          #5
          Originally posted by EmmaJ View Post
          If i issue a section 8 tomorrow the 15th and the tenancy ends on the 3rd of the month what dates do i have to put on the section 8 .
          You put 15 days from when it is served. Tenancy periods are immaterial for s8.

          I thought a section 21 was a mandatory notice to quit my dates are all correct , what is section 21 then ?

          thanks
          A Section 21 Notice Requiring Possession simply informs your tenant that on its expiry you may wish to apply for a court order for possession. (you are not obliged to do that immediately ite expires, but in this case you will presumably want to). The T may decide to go anyway and save you the bother of applying for a CO but he may not. It's perfectly legal for him to stay put until you have a court order, and even then, if he fails to vacate, you will need to instruct bailiffs.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Originally posted by EmmaJ View Post
            I thought a section 21 was a mandatory notice to quit my dates are all correct , what is section 21 then ?
            It's a notice advising the T that you are seeking possession and may apply to the court after the notice expires.

            You cannot serve a notice to quit on an AST tenant.

            Comment


              #7
              Originally posted by EmmaJ View Post
              If i issue a section 8 tomorrow the 15th and the tenancy ends on the 3rd of the month what dates do i have to put on the section 8 .
              A s.8 notice does not have to expire at the end of a tenancy period.

              Comment


                #8
                The last fixed term contract expired on the 3rd april 2012 , the notice was served with over 2 mths notice the tenancy is a periodic one and the notice served is the correct section 21 , wording is eg after 3rd March 2013 , rent payable monthly but november only paid half as other half was sent to wrong account by the bank . december and january also now due . Notice was posted , tenant has said they have it . dont have evidence of date of service did have proof of postage but cant find it .

                What is the prescribed information ? tenant has previously been given details of deposit scheme the section 21 notice was only 1 page.

                Im going to personally serve section 8 tomorrow what is the soonest date i can put and pls can you send me a link to the form

                thank you

                Comment


                  #9
                  Originally posted by EmmaJ View Post
                  The last fixed term contract expired on the 3rd april 2012 , the notice was served with over 2 mths notice the tenancy is a periodic one and the notice served is the correct section 21 , wording is eg after 3rd March 2013 ,.... Notice was posted , tenant has said they have it . dont have evidence of date of service did have proof of postage but cant find it .

                  What is the prescribed information ? tenant has previously been given details of deposit scheme the section 21 notice was only 1 page.
                  Deposit protection is a two step procedure: 1) protect the deposit, 2) give the tenant the prescribed information.

                  The prescribed information is described in the following statute:

                  http://www.legislation.gov.uk/uksi/2...article/2/made

                  Note that it includes information specific to whatever scheme administrator you used.

                  You cannot serve a valid s.21 notice unless you have first complied with deposit protection. If you protected the deposit, but failed to provide all the prescribed information, then any s.21 you have served is invalid.

                  Im going to personally serve section 8 tomorrow what is the soonest date i can put and pls can you send me a link to the form
                  The notice length, if you are citing grounds 8, 10 and 11, is at least 14 days. The expiry date will depend on when and by what method the notice is served. You do not have to give exactly the minimum notice period; you can play it safe and give a few extra days.

                  Comment


                    #10
                    How will you prove what date the section 21 notice was served? Do you have an acknowledgement from the tenant dated before 3rd Jan? This could give your tenant a pretty good defence if you can't prove date of service.

                    Likewise, if you haven't served the prescribed information before seving s21 then it is again a defence for the tenant.

                    From what you have said so far, I would not be confident with the current s21 - 30% of such claims fail.

                    The 'prescribed information' if you have used the DPS is:
                    http://www.depositprotection.com/doc...n-template.pdf
                    and
                    http://www.depositprotection.com/doc...conditions.pdf

                    Section 21 does not usually require a court hearing, but section 8 always does.



                    The advice I give on this forum is for general information only. You are advised to seek specialist advice. I can provide such help on many tenancy matters including eviction, call 0800 270 7747 for details

                    Comment


                      #11
                      Yes i have proof from tenant and acknowledgment that section 21 was served before the 3rd January. I did indeed do both parts of the deposit protect and notify before section 21 served .
                      I have met with the tenant as agreed and sat down with them i have given them a section 8 notice personally and they have accepted it gave 15 days notice what is my next step ? Im following everything and not leaving anything to chance because i want to move back into my home and get the money owed
                      thanks

                      Comment


                        #12
                        Can I clarify - have they iven YOU 15 days notice? I suspect not but need to be clear on your meaning.

                        Comment


                          #13
                          Section 8 next step and Section 21

                          I have issued a section 21 notice tenants on a periodic tenancy deposit protected and tenant given proof of this , tenant confirmed receiving section 21 before the 2 mth notice period . I have 5 wks left now , i have issued a section 8 last wk with 15 days notice under grounds 8, 10 , 11 and 12.
                          What is my next step as section 8 expires next week i have sat down with the tenant they are aware i want to move back into the property myself , what court papers do i need ?

                          thanks

                          Comment


                            #14
                            Two related threads have been merged.
                            I also post as Mars_Mug when not moderating

                            Comment


                              #15
                              I issued section 8 personally face to face with the tenant on 15th and have put down the 30th Jan as the date which is 15 days , 1 more than the min of 14 days under the grounds im using

                              Comment

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