s.21 Procedure. Is it possible without a written tenancy?

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    s.21 Procedure. Is it possible without a written tenancy?

    Good afternoon, around 5 years ago I did a favour for a friend and allowed a cousin of theirs to move in to a house. There was no deposit and no written agreement. He has now fallen way behind on rent, moved someone else into one of the rooms, changed the energy supplier and threatened me with a hammer. The rent has always been due monthly.

    I sent him a s.21 Notice to Quit which was validly served and has now expired. Was I wrong to use s.21 without a written agreement. What is the best way to now remedy the situation if I have made an error. Look forward to receiving some advice.

    Thank you.

    #2
    You can certainly use a Sec 21.
    You are unable to use the (not so)accelerated procedure. You need to use the "non" accelerated form. The N5, instead of the usual N5b.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      He is entitled to change utility suppliers: The accounts are in his name?? Did the S21 have a "saving clause" eg see here...
      http://m.england.shelter.org.uk/__da...id_Jan2014.pdf

      (If not tenant may argue dates are wrong).
      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...

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