S21 expires tomorrow - what do I do

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    S21 expires tomorrow - what do I do

    My property was originally let to a couple paying their rent, but within four months he'd bogged off. We then had to wait for the housing benefit to step in, which has never been enough to cover the rent. A top up payment was agreed with the remaining tenant, which was paid for two months and then stopped. A couple of cash payments followed and a further DD set up to cover arrears and top up. One payment was received.

    With no communication from tenant and the arrears growing, I have issued a Section 21 notice which expires this week. The only communication I am getting from the tenant is she is seeing Shelter on Friday. She won't answer my calls, she will only text. I have checked with the Housing Benefit Office and she has not been in contact with them.

    What shall I do next? Apply to the Court?

    #2
    What was the start date of the latest tenancy agreement, dd/mm/yy?
    How long was the fixed term, xx months?
    Was an end date specified, dd/mm/yy?
    Was a deposit paid? If yes, was it protected and prescribed information supplied to tenant within 30 days?
    When does tenancy agreement say rent is due, weekly, 4 weekly, monthly?
    When was Section 21 served, dd/mm/yy?
    What expiry date was given for Section 21, dd/mm/yy?

    Comment


      #3
      What date did the tenancy start and what was the duration? Did you take a deposit, was it protected properly, and the PI issued?

      What notice did the disappeared tenant give you and what did you agree with them about surrendering the tenancy / granting a new tenancy? It is quite possible that he is still your tenant and as liable for the rent as the other tenant. Also, if he is still your tenant, your s21 will probably be invalid if it wasn't served on him as well.

      If the rent owing gets to 2 months or more then you could consider s8 rather than s21, if your tenancy agreement provides for it.

      (edit - beaten to it!)

      Comment


        #4
        Originally posted by Mrs Mug View Post
        What was the start date of the latest tenancy agreement, dd/mm/yy?
        How long was the fixed term, xx months?
        Was an end date specified, dd/mm/yy?
        Was a deposit paid? If yes, was it protected and prescribed information supplied to tenant within 30 days?
        When does tenancy agreement say rent is due, weekly, 4 weekly, monthly?
        When was Section 21 served, dd/mm/yy?
        What expiry date was given for Section 21, dd/mm/yy?
        09/07/13
        6 months
        yes and yes
        monthly
        3/8/14
        4/10/14

        Comment


          #5
          Which Section 21 did you serve, a S21(1)b or a S21(4)a ?

          Did you re-serve the PI when the tenancy became a SPT?

          Comment


            #6
            Oh poo only served it on remaining tenant.

            S21(4)(a)

            (beginning to panic now!)

            Comment


              #7
              Your S21 is invalid. It should have expired "After 8/10/14".

              Comment


                #8
                I wouldn't panic. I don't see how you could have served it on the husband if you don't know where he's living. Just get on with completing three copies of your N5B form, and send it to your local court with a cheque for the appropriate amount.

                Comment


                  #9
                  Originally posted by Mrs Mug View Post
                  Your S21 is invalid. It should have expired "After 8/10/14".
                  I thought that it was no longer necessary for periodic notice to match tenancy periods?

                  Comment


                    #10
                    If a joint tenancy is still in effect, then the correct procedure is still to serve one notice at the property, but it should include the names of all tenants. You do not (and should not) serve separate notices on each tenant.

                    In any event, the dates are wrong so the s21 is not valid.

                    What happened with the other tenant? Are there more than 2 months rent owing?

                    Comment


                      #11
                      Write (yes, WRITE! keep copies) calm & polite letters to tenant. Your s21 would have been spotted by judge so her going to shelter & posting here has saved you time.

                      Stay friendly & patient: you will evict eventually.
                      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


                        #12
                        Originally posted by JK0 View Post
                        I thought that it was no longer necessary for periodic notice to match tenancy periods?
                        That is if you serve a S21(1)b.

                        Comment


                          #13
                          If your Sec 21 had a saving clause, it would be valid, even if the date was wrong.
                          You need to serve a new notice(NOW)that names both tenants, and has an expiry date of 8th Dec 2014.

                          Serve it tomorrow by first class mail, from a Post Office, and get a certificate of posting.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            The Notice does have a saving clause, but that doesn't change the name problem.

                            New Notice being issued today!!!!

                            Thanks for your help everybody.

                            Comment


                              #15
                              The new s21 expiry date should state 'after 8th Dec' and be served (received) by 8th Oct. Allow 2 weekdays for posting.(excluding Sat/Sun's and any Public/Bank Holidays).

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X