What happens after S21

[Moderator2]

Two related threads have been merged.

[sunnyp]

I think it's not recommended to use the form 6a for older tenancies as there are requirements that need to be met that were not required pre October 2015. A fussy judge may strike it out. But let others comment before rushing of to reserve another section 21. If it were me I would have served the old section 21 with a saving clause and actioned it after the end of a tenancy period.

[Carpman]

What is the old form called. When I looked last week the new one seemed simpler

[sunnyp]

Yes, documented

Form 6A from Government web site - a friend of ours who is a solicitor checked it.

Altough form 6A can be used as far as I know, the RLA recommends using the old style section 21 for tenancies pre- october 2015.
I quote,

For tenancies in Wales and those in England that started before October 1st 2015 the old service of notice applies

I have an older tenancy, can I use the new form?
Yes but as there are multiple additional restrictions on the new form it will rarely be preferable

.

[Carpman]

Yes, documented

Form 6A from Government web site - a friend of ours who is a solicitor checked it.

[sunnyp]

6. No deposit now, used for rent arrears

Have you got this in writing or documented?

Also Which section 21 did you use?

[Carpman]

1 England
2 Sole tenant
3 6.9.2012
4. 6 months
5. Calendar month - payable on 1st
6. No deposit now, used for rent arrears
7. Served by hand (and signed acknowledgement obtained from tenant) on 25.5.16
8. Separate property to ours

[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

[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.

[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.

[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).

[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.

[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!

[mariner]

How can anyone become an 'accidental B2L LL?

[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.