What to do after Serving Section 21 Notice

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  • What to do after Serving Section 21 Notice

    I served a section 21 notice on my tenant 21st of december, requiring possesion after 25th of feburary.

    The tenant is in areas of over 2000. Since I have served the notice the tenant is blanking me, not answering the phone, Not opening the door, even though I'm certain the tenant is at home. So what can I do while I wait for the notice to expire? Do I need to prove to court that I have made an effort to recover the rent.

    I am thinking of sending the tentant a letter and a statement of rent. this is what i'm thinking of sending, is the wording right?

    I would like to remind you that you are still in rent areas of £XXXX. In our conversation on __ _ November_ _, you agreed to clear all your rent areas for your tenancy of the house addressed above by the middle of December, but you have failed to do so.

    This is my final notice for you to pay all the rent due within 14 days of the date of this notice. I have attached a statement of rent for the last 2 years.

    Failure to comply would have serious consequences as I would be obliged to pursue my rights in law which means a money claim for the rent due and eviction proceedings.

    Response to this notice must be in writing to
    My address

  • #2
    Well, yes, you need to send something along those lines but bear in mind that for the reposession route your following - section 21 - it doesn't matter that the tenant has arrears; it simply isn't relevant.

    The corollary of that of course is that you need instigate some other proceedings to chase your arrears - ie, instigate a small claim, reposess by Section 8 instead (which allows for a money claim to be included), or use a debt collector). For that, yes you should prove you've made all efforts to recover the rent and be reasonable about it (good idea to document verbal stuff in letters, as you've done).

    The final communication should be a "Letter Before Action" which clearly states that unless the arrears are paid by X, you will be submitting a claim in the County Court on X+1 date or whatever.

    See also the advice in the adjacent thread "S21 notice served...when to serve s8".
    Last edited by Ericthelobster; 17-01-2008, 07:01 AM. Reason: added a bit

    Comment


    • #3
      So if i'm going for possesion with a section 21 and fixed date hearing, would that not include the jugde ordering a judgement on the rent areas too?
      I'm unable to go section 8 route as my paperwork is a bit incomplete. There is no tenancy agreement.

      Please advice, I'm confussed now. I thought a court hearing would deal with both the rent areas and the possesion.

      Comment


      • #4
        only with a section 8.

        You could go though small claims later for arrears

        Comment


        • #5
          Ok I get it now.

          So what do i have to do about the possesion claim? do I just wait till the expiry of the notice and file the claim in court. or do i need to do something else.

          Comment


          • #6
            Err....you say there is no tenancy agreement so when did the tenancy actually start? - this is important as you will need proof in order for your S.21 Notice to be effective. I think you might be better to go the S.8 Grounds 8,10 & 11 as this does not rely upon the date at the end of a rental period as does a S.21. No tenancy agreement means you have a periodic assured shorthold tenancy from the start, and determined by the frequency rent is paid i.e. probably monthly, yes? If you reply I might take a day or two before I can look at it.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


            • #7
              Originally posted by SALL View Post
              My paperwork is a bit incomplete. There is no tenancy agreement.
              Yes, there is. True, the Agreement is oral, but it exists nevertheless.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Ok I'm really confussed now.

                Can I go section 8 route if There is no tenancy agreement? I was told by a lawyer that my only option is section 21.

                The rent payments are very inconsistant from the start, so its hard to prove a fixed rent date. But I was verbaly told
                its 26th of each month.

                So the notice I served is to expire on 25th feburary.




                This is how all this started, The property was let through an agent. then later tenant started paying directly into my account.
                she has been late in payment from the start, but now she isn't paying anything.

                I asked the tenant that if the agent gave her an agreement, but she said there never was an agreement.

                So where do I stand now? I thought with a section 21 I would get possesion as I have given her the right notice.
                I'm more concerned about the Possesion then the rent arrears.

                Comment


                • #9
                  (Sigh) Yes, s.8 applies to any AST even if unwritten.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                  • #10
                    Originally posted by SALL View Post
                    ... The property was let through an agent. then later tenant started paying directly into my account.
                    she has been late in payment from the start, but now she isn't paying anything.

                    I asked the tenant that if the agent gave her an agreement, but she said there never was an agreement.

                    So where do I stand now? I thought with a section 21 I would get possesion as I have given her the right notice.
                    I'm more concerned about the Possesion then the rent arrears.
                    I find it really hard to believe that there WASN'T a written agreement, is there any way you can speak to the agent that it was let through in the first place? Just because the tenant doesn't have copy (or isn't willing to let you see it) then that does not mean there isn't a written agreement.

                    Can we have some more details, there might be something about your case that you haven't told us that has a significant effect.

                    When the tenancy started, did you own the property?
                    What date (roughly, if you don't know exactly) did the tenancy start?
                    If it was a different date, what date did the tenant move in?
                    Did you take a deposit from the tenant at the start, or if you bought the property, was that taken into account

                    If you did not own the property but bought it with the tenant in situ, you might find that the solicitor who handled the purchase got hold of a copy of the tenancy agreement from the previous landlord, hence the question.

                    The tenancy start date is significant, in case there's also an issue with the deposit, in case it's less than 6 months since it started, or in case it's more than 7 years since the tenancy started.

                    Comment


                    • #11
                      The tenancy started around 26th october 2004.
                      Yeah I own the property.
                      I have asked the agent for a possible copy, but he says he hasn't got it.
                      The agent took the deposit, and now he is out of the picture.
                      The tenant moved in when i was the owner, I used the agent.

                      Thing is I was a bit leniant with the tenant regarding chasing for rent, now I'm paying for it.

                      Comment


                      • #12
                        Thanks guys for your help specially JEFFREY.

                        I'm writing a Section 8 Notice and I have one more question.

                        point 3 of the notice is the wording of the grounds I'm relying on, My question is, Is it right to write the complete grounds the way I have pasted below. or do i put the bit that aplies to my case.

                        for example, my tenant pays rent monthly so would I put

                        Ground 8
                        Both at the date of the service of the notice under section 8 of this Act relating to the
                        proceedings for possession and at the date of the hearing -

                        (b) if rent is payable monthly, at least two months' rent is unpaid;


                        does my question make sence?


                        3. Your landlord /licensor* intends to seek possession on ground(s) 8, 10 & 11 in Schedule 2 to the
                        Housing Act 1988, as amended by the Housing Act 1996, which read(s):

                        Ground 8

                        Both at the date of the service of the notice under section 8 of this Act relating to the
                        proceedings for possession and at the date of the hearing -
                        (a) if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid;
                        (b) if rent is payable monthly, at least two months' rent is unpaid;
                        (c) if rent is payable quarterly, at least one quarter's rent is more than three months in arrears; and
                        (d) if rent is payable yearly, at least three months' rent is more than three months in arrears;
                        and for the purpose of this ground "rent" means rent lawfully due from the tenant.

                        Ground 10

                        Some rent lawfully due from the tenant -
                        (a) is unpaid on the date on which the proceedings for possession are begun;
                        (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date
                        of the service of the notice under that section relating to those proceedings.

                        Ground 11

                        Whether or not any rent is in arrears on the date on which proceedings for possession are begun,
                        the tenant has persistently delayed paying rent which has become lawfully due.

                        Comment


                        • #13
                          You can download a partially completed form here:

                          http://www.youngandpearce.co.uk/landlord-forms.htm
                          All posts in good faith, but do not rely on them

                          * * * * * ** * * * * * * * * * * * *

                          You can search the forums here:

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                          • #14
                            SALL: the Notice must:
                            a. specify the ground(s) number on which you rely;
                            b. set out the exact text of the ground(s); and
                            c. tell T particulars of what is basis- i.e. what T did wrong: rent tabulation showing arrears accumulated [g8/10/11], or dates/times of conduct [g14], or whatever.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                            • #15
                              ok i'm almost done, can you please read this explaination and see if its right? I don't want to make a mistake witch will cost me another few months wait.

                              I'm also attaching a sheet "particulars of rent arrears" this sheet shows all rent due, all payments recieved and the rent whaich is in arrears. is this correct way to do it?

                              Ground 8
                              Rent is payable monthly at the rate of £595 per month. There are arrears of £3395 at the date of this notice being over 5 and a half month’s arrears.
                              The sheet titled “particulars of rent arrears” attached with this notice shows how the arrears have arose.

                              Ground 10
                              There are arrears of rent of £3395 at the date of this notice.

                              Ground 11
                              The tenant has persistently delayed paying rent, The attached particulars of rent arrears sheet shows the irregularities in payments towards the rent throughout the tenancy.

                              Comment

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