eviction notice

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  • eviction notice

    after continuous problems (late rent) with my tenant I served a section 21 to get my property back. The tenant says he refuses to accept the notice as being valid.

    Can anyone advise whether I can now start court proceedings for eviction, or do I need to wait until the end of the two month period.

    Many thanks


  • #2
    The short answer is you can't start section 21 notice until the two months is up and you need to be very careful that the notice was validly served, since the case could be thrown out if there was any flaw in its timing (and you'd have to start all over again).

    However, you could start a section 8 process based on continuous lateness with rent, which is a breach of the tenancy agreement. That would need to go to court.

    I'm not sure how the tenant is querying the validity of the notice, but it is quite possible to get section 21s wrong. The section 21 route must give at least two months notice and cannot expire before the end of the fixed term part of the tenancy. If given for a periodic tenancy (which is what an AST automatically becomes once you go past the end of the fixed term) the notice can only expire at the end of a rent due period. e.g. if the rent is due on the 25th of the month, the notice must expire on the 24th of the month at least two full months ahead of when you served the notice.


    • #3
      A county court judge has told me that he will accept a simple letter requesting possession of a rented property so long as the notice period conforms with the requirements set out by MDM above. Although I am not suggesting that you do this, it does point out that a tenant cannot refuse to accept any form of notice as valid, provided that the notice period given is sufficient.

      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


      • #4
        I stand corrected. Expires "after" the last day of the rental period is the right phrasing and that is what I was trying to describe - a notice period that comes to an end at the end of a rental period. However "on" the last day would be ambiguous and potentially open to challenge. Just goes to show how important it is to get these things right.

        There was a series of posts somewhere that went into this in detail - but I couldn't track it down.


        • #5
          Many thanks for the replies, the rent due date is 15th May and so we have said in the notice we require possession after 14th May. The agreement is a periodic.

          From the replies it sounds as if we are OK. If the tenant does not move out then we go to court using ground 1 as I used to live there?

          thanks Beano


          • #6
            A. If you served a g1 Notice before tenancy began, no problem.
            B. If not, and they're fairly rare except for SATs, Court can give possession at its discretion- a bit like the disretionary grounds (g9 onwards).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).


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