What happens after S21

[theartfullodger]

You asked

is it s8 or s21 letter

There is no s8 or s21 "letter", they are (formal, defined..) s8 & s21 notices.

If you look around here & other landlord sites you'll find not all notices served at significant expense by such organisations are always correct. However I get the impression you are new-ish to this so it might be wise: Ask whoever you are thinking of using to show you in their printed terms & conditions what happens when they make an error...

[Carpman]

Thanks for the good advice about terms and conditions. Yes only 1 buy to let and that was "accidental" so to speak. OK when all going well but not otherwise!

[jpkeates]

Unless the PI was issued to both the tenant and the ex it won't be valid.

[Carpman]

Just out of interest then how does one evict a tenant if you haven't got the correct documents? I know some people haven't even got tenancy agreements.

[jpkeates]

Tenancy agreements can be verbal (so the exist, even if there's no paperwork).
If the correct documentation isn't in place, evicting can be quite difficult.
However, most problems have solutions.

In the case where you haven't supplied Prescribed Information, the "fix" is to issue it before serving the s21 notice.
Serving it late doesn't invalidate the notice (although it does leave you potentially liable for a penalty for not complying with the legislation within the required timeframe).
If the deposit wasn't protected, you have to return it before serving notice (same issue with the penalty).
And so on.

[Carpman]

Thanks for that. So you would have to get them to sign the documents now . . . and they probably wouldn't because they would know then that you were doing this as you intended to evict them! Back to square one then. Interesting though. My college law course did not cover anything this interesting . . . or useful!

[jpkeates]

No one has to sign the PI documents.
They have to be given the opportunity to sign, which the forms allow for, but you can't make anyone sign a document they don't want to, so the law doesn't require that.

Send a couple of copies of the forms to the tenant a couple of days before the s21, asking them to sign them and return one (I supply a stamped, self addressed envelope).
Scan what you're sending and use a post office with the free proof of posting (and the same when sending the notice).

[Carpman]

Ah, there is always a solution to every problem it seems. I will remember that but I've gone right off renting properties out at the moment! Probably sell it, too much hassle these days.

[mariner]

How can anyone become an 'accidental B2L LL?

[Carpman]

It was my partners house which I now have a share in. That way still an investment in the property market just in case!! We didn't decide to go out and buy one as an investment, it was already there. Money in the bank makes you nowt these days. Soon they will be charging us to keep it!

[Carpman]

What happens after S21

I have yesterday served a S21 notice to quit on my tenant. She has no deposit as it was used to pay outstanding rent.

The rent is partly paid by housing benefit and she has 2 young children. She has been to the council and they are telling her to rent somewhere else - but she has no deposit.

I believe the council will tell her to stay put until we get a court eviction served on her. The S21 says she has to go after 31st July 2016. Is there anything we can/should be doing now as I am 99% sure she will stay put on 31st July or the council won't house her.

[theartfullodger]

s21 is not a notice to quit.

Has or when will the fixed term ended? When did she move in? (eg after 01/10/2015??).

If she still has rent arrears you could gently point out that if the council find out they might find her "intentionally homeless"....

Check council website to see if they do deposits or deposit guarantees and if so let her know.

You could point her at CA but they may help her defend eviction (as she is entitled to be helped).

[jpkeates]

Once the notice expires, you apply to your local court for repossession.
If your s21 notice is valid the court will issue an order that allows you to apply for bailiffs who will repossess the property.

If you are successful, the tenant will be responsible for your legal fees (which will be several hundred pounds) which I suspect the council won't tell her.

[Carpman]

Tenancy started 6.9.12. We have already pointed out the "intentionally homeless" to her.

Councils website says they do deposit guarantees, ta for advice, I will let her know.

I take it notice expires after 31st July so we cannot do anything till then.

Will tell her about the legal fees also. But, she has no money . . . . ! Can you do attachment of earnings for this type of thing?

She has been on council housing list for 4 years without success.

[Mrs Mug]

Tenancy started 6.9.12. I take it notice expires after 31st July so we cannot do anything till then.

Please answer the questions in the link below with exact dates.

http://www.landlordzone.co.uk/forums...ll-new-posters