Starting the Eviction process for a Tenant, please help.

[platforminc]

Hi All,


I have a T who has signed a 1 year AST just over a year ago, the AST started on 06/05/2012 and expired on 05/05/2013.

Now I need to issue a S21 notice, can anyone please guide me as to which S21 notice to issue and also when the S21 can be served.


Thanks in advance.

[thesaint]

Serve a Sec 21 for a tenancy that is periodic.

http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

It can be served now, and if you use the form I have linked, the expiry date to be used is 5th May 2014

[platforminc]

Whilst I am not arguing with you, why does it have to expire on the 5th of May 2014, when the initial 1 year tenancy expired May last year and it wasnt renewed last year. I though it was just 2 months from when the notice was served. Also whats the best procedure if doing this via post ? Just post recorded delivery ?

I must also say that the T is a LHA tenant, and thus rent is paid 4 weeks in arrears.

[thesaint]

Whilst I am not arguing with you, why does it have to expire on the 5th of May 2014, when the initial 1 year tenancy expired May last year and it wasnt renewed last year. I though it was just 2 months from when the notice was served.

Have you read the notice that I gave you a link to? The answer is contained within.

Also whats the best procedure if doing this via post ? Just post recorded delivery ?

There is no "best". Does your contract state what method of service is to be used?

I must also say that the T is a LHA tenant, and thus rent is paid 4 weeks in arrears.

Is the rent payable monthly?

[heythere]

If LHA, be prepared for a battle. Most probably won't move out till bailiffs turn up. Good luck

[platforminc]

thesaint,


I have read the notice, however it would be good if you can be specific and perhaps please copy and paste the text you are referring to.


Rent is payable : Every 4 weeks in arrears.
Contract says that the notice can be served by post.

[platforminc]

If LHA, be prepared for a battle. Most probably won't move out till bailiffs turn up. Good luck

Yes I have been down this route several times, one thing however is that I have the T parents as guarantors, so I am looking to write to them informing them that there exists 2 months rent arrears and they would be liable for it. Also this reminds me, will I be better off using a S21 notice or perhaps a S8 (correct me if i am wrong) which I believe can be used when there's rent arrears.

[theartfullodger]

....


Rent is payable : Every 4 weeks in arrears.
.....

Unwise: You can't use Section 8 ground 8 (8+ weeks rent owing) if rent is payable 4-weekly..

Maybe different next time??

Good luck!

[thesaint]

I have read the notice, however it would be good if you can be specific and perhaps please copy and paste the text you are referring to.

C. This notice must expire:
(a) on the last day of a period of the tenancy.
(b) at least two months after this notice is given

Rent is payable : Every 4 weeks in arrears.

In that case, scrap the expiry date I gave you earlier. It is most likely incorrect. I personally don't work out notices for tenancies with tenancy periods that are not monthly. Someone else may be kind enough to do that for you.
In future only use monthly tenancy periods. Things are much easier.

Contract says that the notice can be served by post.

I would post it 1st class from a Post Office, and get a (free) certificate of posting.
Do not post it by a method that requires a signature.

[platforminc]

theartfullodger,

Ok Thanks for the advice.
From the explanation that I have read online, can someone correct me here, In my case it is assumed that a periodic tenancy started on 06/05/2013 taking on from when the last one expired. Now as today is the 18th of Feb, the notice still has to be associated with the 06/05/2013 start, and the earliest date to start counting is next month, i.e 6th of next month is when the 2 month notice will officially start, and it would expire on 05/05/2014. Is this correct ?

Thanks in advance.

[platforminc]

thesaint,

Thanks for this. The reason why I used 4 weeks in arrears was to make it consistent with how the payment was actually being made.

[thesaint]

I can completely understand why people do, but it really does have more disadvantages than advantages.

[platforminc]

Anyone with any ideas please ?

[Refurb to Rent]

If it was me and given the guarantor (I hope she has assets) I would:

Never use 4 weeks in arrears again; monthly in advance instead.
Plan to use S21 to remove this one, expecting to have to go all the way to bailiffs.
Try to inspect the property to get a feel for damage.
Speak with tenant and guarantor and provide an estimate of what that process will cost and therefore what you will be raising a claim for once they are out. Make it clear that the actual claim will be your losses plus any damage.
Make the guarantor very aware that you will take it all the way re recovering your losses and that might involve them in a CCJ and recovery.

A compromise might come from this that would be better for everyone. Just make sure they are out with supporting paperwork before making any concessions.

This all assumes any deposit taken was protected correctly and PI served within the time limits.

[platforminc]

Thanks Refurb

I take all of that on board, the issue now is that I need to start somewhere, and that starts with a notice. At the moment, I have not served it and it needs to be served. I am still trying to work out the correct dates etc.