Section 21 - Can I still use the Notice I served?

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    Section 21 - Can I still use the Notice I served?

    Hi Everyone, I would be really grateful if someone can help me as I have served a S21 (7/6/16) but given the tenant the benefit of the doubt as he wants to stay, but it is not working. I dont know if my S21 is still valid to use. I want to apply to the court now to evict the tenant whom I served, by hand and by email, a Section 21 Form 6A on 7 June 16. Date to leave by 9 August 16. Tenant has almost all through the tenancy been in arrears and tried to work toward reducing arrears but still missing payments so I have no alternative but to move on with this.

    Periodic Assured Shorthold Tenancy
    Rent payable pcm originally - but has been paying weekly on a payment plan
    Tenant since 6 April 2012 originally on a 6 month AST - since 6/10/12 on Periodic
    Deposit with DPS
    How to Rent book I have sent

    Thanks for any advice you can give me.

    #2
    No. The S21 used to be unending but it now has to be acted on within six months of issue.

    Think about using a S8 G's 8/10/11 as well as a S21.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Originally posted by jta View Post
      No. The S21 used to be unending but it now has to be acted on within six months of issue.
      Not in this case, I believe. From Shelter website:

      Section 21: when a landlord can apply to court

      Your landlord can only apply to the court after the notice period in the section 21 notice has expired and after any fixed term has ended.

      There's no time limit for making the application if your tenancy started before 1 October 2015 and you haven't signed a renewal contract. The section 21 notice does not have an expiry date.

      For a tenancy that starts or is renewed on or after 1 October 2015, in most cases, your landlord must apply to court for a possession order within 6 months of giving you a section 21 notice.

      If your contract says you must pay your rent every quarter or less frequently, contact our helpline for advice.

      Comment


        #4
        Yes, assuming your notice was validly served, per JK0's quote. The notice remains valid until Oct 2018 when new law kicks in.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment

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