Section 21 and claim for possession

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    Section 21 and claim for possession

    Hi,

    I served my tenant with Section 21(4) (a) three months ago. They have acknowledged having received it, and have taken the Notice to the Council to apply for housing. The Council reply was to suspend their Housing Benefit with effect of the date when the Notice expires. They have been told that their benefit will be re-instated if they get a new contract from me, or a confirmation letter stating that they are still living at the property .

    I am not sure of the implications of giving such a document, would this invalidate my Section 21, if later I need apply for possession to the Court.? I am aware that without their council benefit, they may not be able to pay rents for the time from now until I manage to get possession.

    They have been at the property for over 6 years, and have not been bad tenants. I believe that they want to move, as now they have two children, which means 4 people in a one bedroom house, they need a bigger place, and for family reason I need to sell the place.

    Will appreciate opinions.

    Thank you

    Alt.

    #2
    Originally posted by alteano1965 View Post
    They have been told that their benefit will be re-instated if they get a confirmation letter stating that they are still living at the property
    So give them a letter and get on with the court process for repossession.

    Comment


      #3
      I think such a letter might well be used as some sort of defense against moving. I wouldn't send it.
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

      Comment


        #4
        Hi again,

        Thank you for your replies.

        Is there a deadline to apply for possession, after Section 21 has been served? The tenancy became periodic after the 1st October 2015 (that date seems to be relevant, although I am not sure why)

        Thanks again

        Comment


          #5
          Nah, it's only if the fixed term started after 1.10.15 AFAIK.
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

          Comment


            #6
            Who is it that wants a letter to state that the tenants are still in the property?

            It is strange that the housing benefit dept have suspended the claim. That isn't the correcft thing to do.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by JK0 View Post
              I think such a letter might well be used as some sort of defense against moving. I wouldn't send it.
              But they aren't moving anyway. The OP should send a letter saying that as the tenant is still occupying the property after the expiry date of the S21, they will now commence legal proceedings.

              Comment


                #8
                Hi.

                The letter they got is signed by the Council Revenues & Benefit Dept. In the letter they are asked to, either get a new contract from me or a confirmation indicating that they still live at the property. This is after the tenants took a copy of the Notice of Section 21 I served 3 months ago.

                Comment


                  #9
                  Give them a confirmation that the notice is being followed up with a court hearing as you continue the repossession process.
                  Until the property is repossessed rent continues to be due as they are still resident in the property.

                  That can't affect the s21 notice and pretty much confirms that you haven't simply issued the tenant with a s21 notice routinely without intending on following it up, which some landlords do.
                  Last edited by jpkeates; 02-08-2016, 15:56 PM. Reason: apostrophe abuse
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Hi ,

                    I have sent a letter confirming the situation to them, explaining that they will need to carry on paying rents (although the Council has stopped their benefit due to Section 21), and that unless they give me a date to vacate, I will have to start Court proceedings with costs to hem. I am suspecting that they really needed a letter confirming my agreement for them to continue living al the property, and that without the benefit, they will be unable to continue paying rent. If this was the case I can not claim unpaid rents via the N5B I believe?

                    Comment


                      #11
                      Your tenants have to pay you rent. Where they get the money for that is not your concern. If they owe you any rent, you claim for it.

                      Comment


                        #12
                        Mrs Mug,

                        Hi

                        Thank you for your reply.

                        Yes, of course. However, I remember reading in another thread that, unpaid rents can not be claimed under N5B, which would mean I would have to return to Court for any non payments of rents? If this was the case am I able to add courts fees and/or other expenses?

                        Thank you

                        Comment


                          #13
                          With accelerated possession, you have to claim money owed separately - normally small claims / money claim online.
                          And yes, you can add other debt into the one claim.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Originally posted by alteano1965 View Post
                            Hi ,

                            I have sent a letter confirming the situation to them, explaining that they will need to carry on paying rents (although the Council has stopped their benefit due to Section 21), and that unless they give me a date to vacate, I will have to start Court proceedings with costs to hem. I am suspecting that they really needed a letter confirming my agreement for them to continue living al the property, and that without the benefit, they will be unable to continue paying rent. If this was the case I can not claim unpaid rents via the N5B I believe?
                            All they needed was a letter stating that they are still living at the property.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              Yes, but I was reluctant to send a letter that could be read as if I was actually agreeing for them to stay. Maybe I am being overcautious ?

                              Comment

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