Eviction Advice

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    Eviction Advice

    My tenant moved in February 2015 so no need for EPC to be supplied to him etc. His deposit is protected and he has a valid gas cert. Tenant pays weekly as he said he couldnt afford monthly, he is contracted to monthly but pays weekly. . He is now 3 weeks in arrears and ignoring me and he has hald a HB payment but decided to kept it. What section section 21 form do I need to serve ?

    Tenancy date starts 24th so ends 23rd. I assume my tenancy has gone onto a statutory not contractual. So I could serve section 21 (1) but to be safe if I serve section 21 (4) tomorrow am I right in saying this is valid from 24 th May 2017 ?

    #2
    You can serve 2 months notice if they are now on a periodic tenancy. It does not need to fall in line with rental period but you do need to allow a couple of days for delivery.

    Most people advise sending two copies from different post offices with proof of postage

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      #3
      If you are going to serve notice make sure you get it sent in tomorrows post at the latest. First class stamp and free cert of posting.

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        #4
        Originally posted by Claymore View Post
        If you are going to serve notice make sure you get it sent in tomorrows post at the latest. First class stamp and free cert of posting.
        Is is not 2 months from date of issue ? For e.g if I issue it on 27th March that will go to 27 th May

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          #5
          It is two Months from being served. so allow two days for the post to arrive.

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            #6
            Originally posted by philip cooper View Post
            Is is not 2 months from date of issue ? For e.g if I issue it on 27th March that will go to 27 th May
            From what I've read recently, because your tenant moved in before 1st October 2015, you have to give the full 2 months notice and make sure you get the notice is served prior to rent due date. If tenancy agreement states monthly 25th, you need to serve by first class post today or in person with an independant witness.

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              #7
              Originally posted by Claymore
              and make sure you get the notice is served prior to rent due date
              (Assuming you meant that notice have to end on the last or first day of a period.)

              Not if the tenancy started with a fixed term. See Spencer v Taylor.
              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.

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