Section 21 – Notice of Possession Order Form
What is a section 21 notice?
Under the Housing Act 1988, a landlord has a legal right to repossess his/her property at the end of an assured shorthold tenancy, which is typically the end date specified in the tenancy agreement. For this to happen, the landlord is required to follow the correct legal procedure, which includes serving a Section 21 notice (under section 21 of the Housing Act 1988) to the tenant.
It is important to note that a Section 21 does not end a tenancy until the Court Bailiff has executed an order for possession. Therefore the service of a section 21 notice does not in itself bring a tenancy to an end, it purely informs the tenancy the landlord wishes to gain possession. In most cases, the tenants will leave without a court order, and serving the notice will be enough.
Types of section 21 notices
There are two types of section 21 notices. One is formatted specifically for notices served before the end of the fixed term and the other for after, which is known as a periodic tenancy.
Serving a section 21 during the fixed period
If you serve the notice before the end of the fixed term (including the last day of the fixed term) the notice must give a notice period of at least two months, and you will need to use a s.21 (1)(b) Notice.
So for example, if the fixed term starts on 15th January for a fixed term of six months (fixed term ends on 15th July), and you serve the notice on 8th June, the tenant will be entitled to remain in the property until the 8th August.
A s.21 (1)(b) cannot expire before the end of the fixed term but can be served at any point within it. A s.21 (1)(b) Notice does not have to be in any specific form and does not have to expire on any specific date, as long as the Notice gives two clear calender months notice of the landlords intention to recover possession then it is most likely legal.
Serving a section 21 after the fixed period (during periodic tenancy)
If you serve the notice after the fixed term, you are required to serve a Section 21 (4)(a) Notice, during a periodic tenancy, which for our example would mean on any day after 14th July, there is an extra requirement.
The notice must still give the tenant a notice period of not less than two months. However, the notice must give a date which must be the last day of a ‘period of the tenancy’. If this date is wrong, the notice will be invalid, and any claim for possession based on it will be invalid.
Under the provisions of the Housing Act 1988 (s5) a periodic tenancy will start immediately after the fixed term ends. So in our example this will be on 15 July and the periods will run from the 15th day in the month to the 14th. So any section 21 notice must give the first 14th day in the month after two months after service of the notice.
This is the difference in Section 21s: A section 21 (4)(a) must be served in a specific form and must expire on a specific date. Example, rent is due on the 26th of a month, the ‘period’ of my tenancy is from the 26th to the 25th. A section 21 (4)(a) Notice must expire on the last day of a period of a tenancy, the 25th in the example that I have used. (Landlords can now use a rider instead of putting in a date but lets keep it simple).
Maybe you need a Section 8 notice
The important point about section 21 is that it allows the landlord to repossess their property as of right. Please note, if you want possession during the fixed term then it can only be obtained if a breach of contract has been proved. A Section 21 notice is not appropriate. Use a Section 8- notice to quit instead.
When can I serve a section 21 notice?
The landlord can serve the notice at any time, so long as there is no problem regarding tenancy deposits or obtaining an HMO license. More explained in the “When is a section 21 not valid” section.
Serving a section 21 can only be used to regain possession of a property at the end of an assured shorthold tenancy – it cannot be used to speed up possession during the fixed terms agreed, unless there is a break clause in the tenancy agreement.
If you want to regain possession before the end of the agreed term, as mentioned, you can serve a section 8 – notice to quit, on the basis that the tenant has breached contract.
When is a section 21 not valid?
You cannot serve a section 21 in either of the following cases:
- where a tenancy deposit has been paid to the landlord/agent but not protected in a government authorised tenancy deposit scheme
- if the property is an HMO which ought to be licensed but is not
- if a deposit has not been protected within the 30 day period (with some exceptions, which can be read here).
How long the notice remains valid and usable?
Once a section 21 notice is served, it will remain valid indefinitely unless it is ended by a new tenancy agreement being signed with the tenant. After this the landlord will need to serve a new section 21 notice to repossess the property at a future date.
There’s a post on the Painsmith landlord blog that explains the expiration of Section 21 notices in detail, but here’s the core of it:
If a tenant wishes to stay after the expiry of a section 21 notice for a short period this can easily be dealt with by simply sending a letter advising the tenant that the landlord will not be enforcing the expired possession order until a specific date.
Section 21 notices have no finite lifetime in which they can be used, they oldest reported case involves a section 21 notice which expired 6 years before the possession action began.
Service Of Notice
Completing and Serving notices aren’t always straight forward, so it’s imperative that great care is taken when doing it- getting it wrong can lead to delayed possession proceedings. It’s perfectly legal and common for landlord’s to serve and compile the notices, it doesn’t need to be done by a specialist. However, if you are are not confident, you should seek advise from an eviction specialist or solicitor to do this for you.
It’s extremely important that the dates written in the notice are correct- entering the wrong dates is the main reasons for notices being invalid and thrown out of court (if it gets that far).
A section 21 notice may be served by post or in person. If you plan on posting the letter yourself, it is important to be accompanied by a reliable witness that is not a relative of yours. If you want to post the notice, it is advised to send it recorded delivery, and that a minimum of three working days is allowed for the notice to arrive. Some experts recommend sending two notices from two different post offices to prevent the tenant from blaming the postal service being defective.
A section 21 notice can be served at any time, but the tenant must be given a minimum of two months notice, and in order for the notice to be valid, the tenant’s deposit must be protected in a Tenancy Deposit Scheme.
Who do I address the notice to?
All the tenants must be named in the notice and the names of the parties and the address should match those in the tenancy agreement. As a precautionary measure, serve each individual tenant with a separate notice.
Always keep a copy of the notice served and of any covering letter.
My tenant won’t leave
Once you have issued the section 21 notice on your tenant, you are required to wait until the notice has expired (this is the date given on the notice) before you can start possession proceedings.
Once the notice has expired, you should apply for an Accelerated Possession Procedure. This is a quick method for landlords to gain possession of their property. The procedure is called accelerated because in most cases the Judge makes the order based on the paperwork, without the need for a court hearing.
Please note, this method can only be used when:
- the tenancy is an assured shorthold tenancy (AST)
- there is a written form of tenancy agreement
- a valid form of section 21 notice has been served on the tenant
- the notice period (two months) in this notice has expired
- HMO landlords who need a license, have got one
- any deposit has been properly protected and the notice with prescribed information served
If you use the procedure, you can only claim possession and your costs of making the application. You cannot, for example, include a claim for arrears of rent. The court will normally make its decision by looking at the documents (‘written evidence’) which you and your tenant provide. Because your application will be dealt with in this way, you must give the court all the written evidence it needs to make its decision at the outset.
Go to the official Accelerated Possession Procedure HMCS page for more details on how to go down this route.
Previous Article
Tenant Guarantor FormNext Article
Rent Arrear Reminder FormRelated Articles
239 Comments - join the conversation...
Showing 190 - 239 comments (out of 239)
cardifflandlord2011-05-14 09:39:52
@AuntieP; Morning! Some people really are bonkers arn't they!
@husky321: If you think my comments are insulting and innapropriate then that is fab! I have done my job well because you ARE a fucking idiot.
It's not often I lose my rag on here but when someone like you writes completely inaccurate drivel and tries to pass it off as gospel then it gloves off. If you had bothered to read the introduction to this blog you would see The Landlord has gone out of his way to describe the differences between the sections.
As I stated previously - learn to write English properly before spouting off your 'gifts of wisdom' because as they stand they do not make any sense at all. You are obviously someone who cannot be told anything or who is not prepared to learn. Your advice is dangerous and anyone relying on it would be placed in a very poor position hence my oft stated advice to Rex: Take some proper legal advice. You are also a coward who decides, when things arn't going their way, to say "case closed for me" -
If you want to have a pop don't call me " 'certain' " people, call me cardifflandlord.
Fuckwit.
@husky321: If you think my comments are insulting and innapropriate then that is fab! I have done my job well because you ARE a fucking idiot.
It's not often I lose my rag on here but when someone like you writes completely inaccurate drivel and tries to pass it off as gospel then it gloves off. If you had bothered to read the introduction to this blog you would see The Landlord has gone out of his way to describe the differences between the sections.
As I stated previously - learn to write English properly before spouting off your 'gifts of wisdom' because as they stand they do not make any sense at all. You are obviously someone who cannot be told anything or who is not prepared to learn. Your advice is dangerous and anyone relying on it would be placed in a very poor position hence my oft stated advice to Rex: Take some proper legal advice. You are also a coward who decides, when things arn't going their way, to say "case closed for me" -
If you want to have a pop don't call me " 'certain' " people, call me cardifflandlord.
Fuckwit.
190
husky3212011-05-14 09:53:23
Then this proves I am correct in saying 'certain' persons seriously need help and above all anger management. Seems like you have some serious issues going on. Brush up the foul language you use in your posts for one then perhaps your advice can be taken serously. Seems like the only person 'popping' here is yourself, taking out your anger on innocent people. Sad, very sad. Take care ;)
191
Lee2011-05-19 05:14:29
Hello
could i ask please, I have just lost my job and therefore can not afford the rent, i have been issued a s21 (4)(a).
I have until august 15th to move out by, The date stated on the s21. What i really wanted to know is, Now this has been served can the date be brought forward as i still can not afford to pay the rent in full. Or do i have no matter what happens until the 15th Aug.
Also there is a return slip for me to return, Do i have to send this back by law?
benefits said to pay the rent until they catch up, currently 3 months behind in processing clams, so i said to the woman at housing, Pay with what? I barely have enough money to eat, And she just laughed and said; If i had a penny for every time i hear that story. so the rent will go unpaid sadly, as this landlord has been good to me, and hate to see him go without, and intend to move out before the s21 dated, But i really just need to know if a s21 has been issued with the date, Can the date be changed to kick me out before the date.... And do i need to send the reply slip by law, as i intend to be out at the end of this month (Fingers crossed) to minimize loss for the landlord...
Many kind regards, Lee
could i ask please, I have just lost my job and therefore can not afford the rent, i have been issued a s21 (4)(a).
I have until august 15th to move out by, The date stated on the s21. What i really wanted to know is, Now this has been served can the date be brought forward as i still can not afford to pay the rent in full. Or do i have no matter what happens until the 15th Aug.
Also there is a return slip for me to return, Do i have to send this back by law?
benefits said to pay the rent until they catch up, currently 3 months behind in processing clams, so i said to the woman at housing, Pay with what? I barely have enough money to eat, And she just laughed and said; If i had a penny for every time i hear that story. so the rent will go unpaid sadly, as this landlord has been good to me, and hate to see him go without, and intend to move out before the s21 dated, But i really just need to know if a s21 has been issued with the date, Can the date be changed to kick me out before the date.... And do i need to send the reply slip by law, as i intend to be out at the end of this month (Fingers crossed) to minimize loss for the landlord...
Many kind regards, Lee
192
Ana2011-06-09 15:01:31
Hello,
My question is simmilar to Rex's, but I didn't quite understand the answer. Hope someone can give me advice.
I've been served 21 notice on the 16th May. I have to vacate the property by 19th July. My contract expired few months ago and it was being updated automatically every month (that's what the landlord said, which is a company by the way) until either of us gives two months notice. However, I had to give notice by the 1st of any month, because my contract was form the 1st. The reason is that they want to build an extra floor on top of my flat. It's a really stressfull time for me to move, but I understand that noone really cares about that (I suppose the law as well). My biggest problem is that I cannot find a new place on the date or plus minus few days. I cannot afford to pay two rents (or even 2 weeks of overlapping rents) and I will have to pay a new deposit before I get this one back (also an issue at the moment).
My questions: Can I vacate the property earlier (say 2 weeks-10 days) and not pay rent until the expiry of the notice (i.e. pay only for the time I'll be still living in the flat)? Would 4 week written notice of that work? E.g. notice given on 10th June, to vacate on 10th July? If I don't get a response and still not pay for the time I will not be living in the flat, could they take that out of my deposit?
I have asked them to stay until the end of the month or to vacate earlier, they say no to whatever I ask them. I have always paid my rent on time and kept the property in excellent condition. They on the other hand haven't sorted out a gas meter issue for more than 8 months (I guess they never intended to) and let people in when I have expicidly asked to not to on few occasions and on few occasions have not given me any notice that someone will be entering my flat.
Thanks for reading!
My question is simmilar to Rex's, but I didn't quite understand the answer. Hope someone can give me advice.
I've been served 21 notice on the 16th May. I have to vacate the property by 19th July. My contract expired few months ago and it was being updated automatically every month (that's what the landlord said, which is a company by the way) until either of us gives two months notice. However, I had to give notice by the 1st of any month, because my contract was form the 1st. The reason is that they want to build an extra floor on top of my flat. It's a really stressfull time for me to move, but I understand that noone really cares about that (I suppose the law as well). My biggest problem is that I cannot find a new place on the date or plus minus few days. I cannot afford to pay two rents (or even 2 weeks of overlapping rents) and I will have to pay a new deposit before I get this one back (also an issue at the moment).
My questions: Can I vacate the property earlier (say 2 weeks-10 days) and not pay rent until the expiry of the notice (i.e. pay only for the time I'll be still living in the flat)? Would 4 week written notice of that work? E.g. notice given on 10th June, to vacate on 10th July? If I don't get a response and still not pay for the time I will not be living in the flat, could they take that out of my deposit?
I have asked them to stay until the end of the month or to vacate earlier, they say no to whatever I ask them. I have always paid my rent on time and kept the property in excellent condition. They on the other hand haven't sorted out a gas meter issue for more than 8 months (I guess they never intended to) and let people in when I have expicidly asked to not to on few occasions and on few occasions have not given me any notice that someone will be entering my flat.
Thanks for reading!
193
Ross2011-06-09 20:40:08
Hi,
First time I have viewed this blog, very interesting, and some of the language!
Some of what I have read is correct, other bits disappointing and some bits are just completely wrong, so I thought that I would try and clear and clear things up as simply as I could.
Just to reiterate what has already been said 'if in doubt seek specialist legal advice'. The law can be complicated and there is a plethora of case law relating to tenancy issues and there are of course exception's to the rule, but I will just focus on Assured Shorthold Tenancies (AST) and Notices.
So, here it is.
Section 21 Notice (s.21) - 1988 Housing Act.
A s.21 Notice is a mandatory notice requiring possession of a property. A landlord does not have to give any reason for service of this Notice. If on the expiry of a s.21 Notice the tenant has not left then the landlord can apply to the Court for possession. As long as the Notice is correct then a judge must give possession.
The Housing Act 2004 introduced the need for deposits to be protected and if they are not then a landlord would not be able to gain possession via the s.21 route (I think that this has already been touched upon above so I won't explain further for the time being).
s.21 (1)(b) Notice - this is a Notice that is served within the fixed term of a tenancy e.g. a landlord has given a 6 month tenancy. A s.21 (1)(b) cannot expire before the end of the fixed term but can be served at any point within it. A s.21 (1)(b) Notice does not have to be in any specific form and does not have to expire on any specific date, as long as the Notice gives two clear calender months notice of the landlords intention to recover possession then it is most likely legal.
s.21 (4)(a) Notice - this Notice is served when the fixed term of a tenancy has expired e.g. tenancy was for 6 months, this has ended and my tenancy is now running on a month to month or week to week basis. Within a tenancy agreement it would usually state whether rent is paid monthly or weekly etc, depending which it is will determine the 'period' of a tenancy.
This is the difference in s.21's. A 21 (4)(a) must be served in a specific form and must expire on a specific date. Example, rent is due on the 26th of a month, the 'period' of my tenancy is from the 26th to the 25th. A s.21 (4)(a) Notice must expire on the last day of a period of a tenancy, the 25th in the example that I have used. (Landlords can know use a rider instead of putting in a date but lets keep it simple).
There is also another Notice called a section 8 Notice (1988 Housing Act). This Notice is usually served if a tenant has done something wrong e.g. rent arrears, anti social behaviour etc. A s.8 Notice can be served and expire within the fixed term of a tenancy. Please bear in mind that a landlord must provide evidence with this Notice e.g. tenant has failed to pay rent for two months, s.8 Notice can be served with two weeks Notice to vacate, on the expiry of the Notice the landlord can apply to the Courts for possession. This Notice is different, there are discretionary and mandatory grounds for possession, so, landlords seek advice before serving if you are unsure.
And last of all, the Council, I would be disappointed if a Council did not want ton help both landlords and their tenants. Again if in doubt seek advice from CAB, Shelter.
Hope this was useful to someone.
First time I have viewed this blog, very interesting, and some of the language!
Some of what I have read is correct, other bits disappointing and some bits are just completely wrong, so I thought that I would try and clear and clear things up as simply as I could.
Just to reiterate what has already been said 'if in doubt seek specialist legal advice'. The law can be complicated and there is a plethora of case law relating to tenancy issues and there are of course exception's to the rule, but I will just focus on Assured Shorthold Tenancies (AST) and Notices.
So, here it is.
Section 21 Notice (s.21) - 1988 Housing Act.
A s.21 Notice is a mandatory notice requiring possession of a property. A landlord does not have to give any reason for service of this Notice. If on the expiry of a s.21 Notice the tenant has not left then the landlord can apply to the Court for possession. As long as the Notice is correct then a judge must give possession.
The Housing Act 2004 introduced the need for deposits to be protected and if they are not then a landlord would not be able to gain possession via the s.21 route (I think that this has already been touched upon above so I won't explain further for the time being).
s.21 (1)(b) Notice - this is a Notice that is served within the fixed term of a tenancy e.g. a landlord has given a 6 month tenancy. A s.21 (1)(b) cannot expire before the end of the fixed term but can be served at any point within it. A s.21 (1)(b) Notice does not have to be in any specific form and does not have to expire on any specific date, as long as the Notice gives two clear calender months notice of the landlords intention to recover possession then it is most likely legal.
s.21 (4)(a) Notice - this Notice is served when the fixed term of a tenancy has expired e.g. tenancy was for 6 months, this has ended and my tenancy is now running on a month to month or week to week basis. Within a tenancy agreement it would usually state whether rent is paid monthly or weekly etc, depending which it is will determine the 'period' of a tenancy.
This is the difference in s.21's. A 21 (4)(a) must be served in a specific form and must expire on a specific date. Example, rent is due on the 26th of a month, the 'period' of my tenancy is from the 26th to the 25th. A s.21 (4)(a) Notice must expire on the last day of a period of a tenancy, the 25th in the example that I have used. (Landlords can know use a rider instead of putting in a date but lets keep it simple).
There is also another Notice called a section 8 Notice (1988 Housing Act). This Notice is usually served if a tenant has done something wrong e.g. rent arrears, anti social behaviour etc. A s.8 Notice can be served and expire within the fixed term of a tenancy. Please bear in mind that a landlord must provide evidence with this Notice e.g. tenant has failed to pay rent for two months, s.8 Notice can be served with two weeks Notice to vacate, on the expiry of the Notice the landlord can apply to the Courts for possession. This Notice is different, there are discretionary and mandatory grounds for possession, so, landlords seek advice before serving if you are unsure.
And last of all, the Council, I would be disappointed if a Council did not want ton help both landlords and their tenants. Again if in doubt seek advice from CAB, Shelter.
Hope this was useful to someone.
194
Bibi2011-06-14 19:46:40
My tenant has just moved in I took a deposite and first months rent in advance she is paying the second moths rent in drips and drapes a have asked what the problem is but she has started to send nastie text messages can I give her a section 21on the 4 month of the agreement as I do not think she is going to pay any more rent she has a 6 month contract can some one give me some advice please
195
esquire2011-06-17 02:13:16
I am a landlord and my tenants have very rarely paid their rent on time each month. They have an AST for 12 months and because of their rent paytments falling behind< I issued a section 21 notice. they have now paid the rent but are still 1 month behind. The date on the notice is in July and the start date was 2 moths earlier. The ast expires in october. Can I get him out or will I have to go down the section 8 route?
196
confused tenant2011-06-17 13:21:33
Hello, I have been living since 30/04/2010 in my cuurent property and get a new ast every 6 months,
Last year i asked if i could have someone come to stay with me and was told this was fine by email (i have a 3 bed house for me and my husband), no mention was made by my agency as to how long the person could stay, he is a relative in need of a room whilst sorting out some problems and is trying to sort things out. We have just had our first inspection since he came to stay and they are now saying he has to be added to the tenancy and we have to pay lots of fees for this or we will get served with notice. Is this legal if i have written proof of their communication saying he could stay and not mentioning at any time a length of time.
Last year i asked if i could have someone come to stay with me and was told this was fine by email (i have a 3 bed house for me and my husband), no mention was made by my agency as to how long the person could stay, he is a relative in need of a room whilst sorting out some problems and is trying to sort things out. We have just had our first inspection since he came to stay and they are now saying he has to be added to the tenancy and we have to pay lots of fees for this or we will get served with notice. Is this legal if i have written proof of their communication saying he could stay and not mentioning at any time a length of time.
197
Bibi2011-06-17 14:17:11
My tenant has put in a defence against me and said the house is in disrepair and a have taken her deposit and not registered it what will happen now can some advice me as I have been told the procession is not valid
198
Ross2011-06-17 20:37:13
Bibi - first of all refer to post 194 and the part that relates to s.21 (1)(b), secondly, protect the deposit in a tenancy deposit scheme ASAP, you will not be able to gain possession via a s.21 notice even if it is correct until you have protected the deposit. Re: disrepair - is your property in need of repair? if so, sort it out, do you complete and agree an inventory with a tenant?
esquire - not clear on your question re:s.21 notice, refer to post 194. Re: s.8 notice - if your tenant has failed to pay rent on time then you can only really rely on a discretionary ground for possession, this being ground 11 in Schedule 2 1988 Housing Act.
confused tenant - no, he does not have to be added to the tenancy agreement, you are the legal tenant and that cannot be terminated without your landlord going through the proper notice procedures. I suggest that you also check your tenancy agreement to see if there is anything about taking in lodgers.
Tenants - if you are unsure or in doubt about an issue relating to your tenancy including disrepair then seek independant advice from your local housing authority, CAB or Shelter.
Landlords - you are renting out accommodation to make money, therefore you need to make sure that you know what you are talking about or know someone that does otherwise you leave yourselves open to e.g. prosecution, claims for compensation etc.
Property rental does not need to be difficult as long as your clued up.
esquire - not clear on your question re:s.21 notice, refer to post 194. Re: s.8 notice - if your tenant has failed to pay rent on time then you can only really rely on a discretionary ground for possession, this being ground 11 in Schedule 2 1988 Housing Act.
confused tenant - no, he does not have to be added to the tenancy agreement, you are the legal tenant and that cannot be terminated without your landlord going through the proper notice procedures. I suggest that you also check your tenancy agreement to see if there is anything about taking in lodgers.
Tenants - if you are unsure or in doubt about an issue relating to your tenancy including disrepair then seek independant advice from your local housing authority, CAB or Shelter.
Landlords - you are renting out accommodation to make money, therefore you need to make sure that you know what you are talking about or know someone that does otherwise you leave yourselves open to e.g. prosecution, claims for compensation etc.
Property rental does not need to be difficult as long as your clued up.
199
Bibi2011-06-17 21:01:56
Ross the house was not in disrepair it had a full refurb just before shhe moved in and her deposit was cut into her rent arears which was agreed by both parties she is lying to get t herself a council house her dad works for the council and has adviced her she has caused all the damage to the house
200
Ross2011-06-17 22:14:39
bibi - if you have specifically referred to 'a deposit' in your tenancy agreement then it is a deposit and must be protected, without viewing all (or any) of the documentation I can only speculate. A deposit must protected, I'm afraid that you could be on shaky ground by your agreement.
Don't be intimidated about 'dad works for the council'! what department does he work for?, is it housing? and specifically homelessness? probably not from what you have typed. Homelessness legislation (1996 housing act part 7) can be very complicated, nothing for you to be concerned about though. What the Council will want to know is why have you served notice?, what are the reasons?. The question is 'why are you serving your notice?', has the tenant done something wrong?.
If it is the case that a tenant has been evicted from accommodation because they have e.g. damaged the property, run up rent arrears, then the assistance that the Council would give is limited e.g. tenant has been evicted for damage to e property, landlord evicted them, because of this. If the Council's housing options / homelessness service has this information then it may be the case that the council would deem the the person to have made themselves 'intentionally homeless' and the council would not have a duty to assist, basically they would not get a council house.
Don't be intimidated about 'dad works for the council'! what department does he work for?, is it housing? and specifically homelessness? probably not from what you have typed. Homelessness legislation (1996 housing act part 7) can be very complicated, nothing for you to be concerned about though. What the Council will want to know is why have you served notice?, what are the reasons?. The question is 'why are you serving your notice?', has the tenant done something wrong?.
If it is the case that a tenant has been evicted from accommodation because they have e.g. damaged the property, run up rent arrears, then the assistance that the Council would give is limited e.g. tenant has been evicted for damage to e property, landlord evicted them, because of this. If the Council's housing options / homelessness service has this information then it may be the case that the council would deem the the person to have made themselves 'intentionally homeless' and the council would not have a duty to assist, basically they would not get a council house.
201
naomi2011-06-18 01:43:33
i have split with my ex partner because of domestic violence we had a joint tenancy and when he came off in march 2011 wilthire wrural have said to me that as from the 15th may i no longer have a tenancy as the house was built for the village people and we got the house because my ex was from the village. im on anti-depressents and under the mental health team as every thin that my ex and my neighbours have put me through i cant cope with it by myself.. i have court on the 24th which wiltshire wrural are going to be fighting to get the house back....i have no where to go at all yes i am on the bidding system in gold band but im still in que possition 50-100 im not going to get anywhere now.... they have offered me to go into a shared house or a hostel, but every time i think bout moving into somewhere like that gets me upset and makes me scared i dont no whats going to happen im so worried.......can someone please give me a little bit of good news please
202
Bibi2011-06-18 20:03:25
Hi Ross I am evicting her due to rent arrears and verbal abuse for 3years she has never paid on time or the full amount .she has has done all the damage to the house she is on benifits. Her father is a handy man of some sort he is the brains behind this . If I was to change the locks when she is away will I get into trouble .
203
Ross2011-06-19 10:52:34
Bibi - I wouldn't get hung up on the fact that she is on benefits and I doubt that a handy man would understand the complexities of housing law.
Re: changing the locks - you will get into trouble as this would be classed as an illegal eviction and you could be prosecuted. I would suggest that you cut your loses and pay for a decent solicitor to act on your behalf in serving a notice, court application etc if you are not confident in doing this yourself.
Re: changing the locks - you will get into trouble as this would be classed as an illegal eviction and you could be prosecuted. I would suggest that you cut your loses and pay for a decent solicitor to act on your behalf in serving a notice, court application etc if you are not confident in doing this yourself.
204
Daniel2011-06-21 08:07:49
Hello, I have just started a tenancy in a house, And on the tenancy it says that ''I give you notice by virtue of section 21, does this mean that after 6 months of the AST agreement that i will be asked to leave? as this seems very unfair, I'm entered into an agreement with the landlord for 6 month so he can sleep easy knowing im under tenancy, but then after the 6 months i have to live day to day? hardly seems fair?
Please Help, as im quite nervous about living on Sword of Damocles
especially when i've done nothing wrong in the first place to have one issued.
Regards;
Please Help, as im quite nervous about living on Sword of Damocles
especially when i've done nothing wrong in the first place to have one issued.
Regards;
205
cardiflandlord2011-06-21 08:20:10
Daniel,
Some landlords issue a sectin 21 notice at the start of a tenancy not as a straight intention to get you out at the end of the AST but more as an aid to quicken your departure if there is an issue during the tenancy. It is a time saver so I really would not get too hung up on it. Saying that, even though a section 21 notice has been served it does not mean you have to leave. If you decide the stay - the only way the Landlord can remove you is via a court appointed bailiff and that is assuming the notice has been issued correctly.
I know I do not have all the facts but if you say the section 21 notice is included in the AST I would say that it is not worth the paper it is written on as the Landlord cannot issue a section 21 notice on the same day as an AST as no contract yet exists! A section 21 can be issued at the beginning of an AST but is must be served the day after the AST is dated to be legal.
Hope this helps
Some landlords issue a sectin 21 notice at the start of a tenancy not as a straight intention to get you out at the end of the AST but more as an aid to quicken your departure if there is an issue during the tenancy. It is a time saver so I really would not get too hung up on it. Saying that, even though a section 21 notice has been served it does not mean you have to leave. If you decide the stay - the only way the Landlord can remove you is via a court appointed bailiff and that is assuming the notice has been issued correctly.
I know I do not have all the facts but if you say the section 21 notice is included in the AST I would say that it is not worth the paper it is written on as the Landlord cannot issue a section 21 notice on the same day as an AST as no contract yet exists! A section 21 can be issued at the beginning of an AST but is must be served the day after the AST is dated to be legal.
Hope this helps
206
cardiflandlord2011-06-21 08:21:10
Ps - the Sword of Damocles hangs above your head - you don't live on it!
207
Daniel2011-06-22 06:57:49
Thanks for that, it has put my mind somewhat at rest... And yeah very true, might be painful to live on it, lol
208
clare2011-07-05 18:53:05
hi, i have a joint tenancy with a friend and have been issued with a section 21 but only i have sighned it does this mean its still valid? we dont want to move out we love our home is there anyway of stopping it? if not what happens if i cant find somwhere else to live before the date of the end of the tenancy will i just be evicted there and then?
209
SOooo Confused!!2011-07-09 22:06:32
Hello, this may be a long story and do not want to bore you with details, but I really do need your HELP!!
I have been renting since the 1/11/09. My tenancy started out as a 6month fixed term tenancy with 1 month to quit. Once this expired it turned to a AST.
In May my landlord told me he was selling his house and served a notice. He did this via email saying he was giving a months notice and needed to be out on the 7/6/11. We had a good relationship up until this point and he said he was in no rush for us to leave by this date as he had not found a buyer, and we would play it by ear. However, I received a text at the end of June stating he needed the property empty by 20/07/11 as he has accepted an offer on the property, which was fair enough.
Not for the want of trying, but to date I have been unsuccessful in securing a property, which lead me to the Council to see how they could help. The Council have told me that they can not help me as the notice is not valid, and until I produce a valid one I should remain in the property, otherwise I will have made myself intentionally homeless.
So, I am stuck between a rock and a hard place, and I have now started to receive threats from the Landlord.
Ok, please can somebody just clarify that I have a full understanding of my rights and legal position.
1: My deposit does not appear to be registered in any Deposit Scheme
2: The initial notice is not valid as it did not Quote "I hereby give you notice by virtue of section 21"
3: The dates in the notice do not correspond with the rent/tenancy terms of the agreement
4: The notice should be for a minimum of 2 months or between rent payments whichever is sooner
5: If #1 is not actioned then number #2, #3 & #4 can not take place
6: I can claim up to 3 times the value of the deposit or ask that the deposit be registered by a court of law
7: Should the sale of the house go through the new owner would be responsible for the deposit & will have to go through the same process
8: I become a sitting tenant for the new owners
9: If the harassment continue I can change the locks as long as I keep the original Key Barrel as it belongs to the house
10: If the landlord changes the locks I can peacefully break into the property, with the police as a witness
Please can somebody inform me whether I am right in any of these points as this is turning into a mess and want to know where I stand. All I want is more time to find a property, or be given the right documentation to get assistant from the council, I really do feel between a rock and a hard place...
PLEASE HELP!!
I have been renting since the 1/11/09. My tenancy started out as a 6month fixed term tenancy with 1 month to quit. Once this expired it turned to a AST.
In May my landlord told me he was selling his house and served a notice. He did this via email saying he was giving a months notice and needed to be out on the 7/6/11. We had a good relationship up until this point and he said he was in no rush for us to leave by this date as he had not found a buyer, and we would play it by ear. However, I received a text at the end of June stating he needed the property empty by 20/07/11 as he has accepted an offer on the property, which was fair enough.
Not for the want of trying, but to date I have been unsuccessful in securing a property, which lead me to the Council to see how they could help. The Council have told me that they can not help me as the notice is not valid, and until I produce a valid one I should remain in the property, otherwise I will have made myself intentionally homeless.
So, I am stuck between a rock and a hard place, and I have now started to receive threats from the Landlord.
Ok, please can somebody just clarify that I have a full understanding of my rights and legal position.
1: My deposit does not appear to be registered in any Deposit Scheme
2: The initial notice is not valid as it did not Quote "I hereby give you notice by virtue of section 21"
3: The dates in the notice do not correspond with the rent/tenancy terms of the agreement
4: The notice should be for a minimum of 2 months or between rent payments whichever is sooner
5: If #1 is not actioned then number #2, #3 & #4 can not take place
6: I can claim up to 3 times the value of the deposit or ask that the deposit be registered by a court of law
7: Should the sale of the house go through the new owner would be responsible for the deposit & will have to go through the same process
8: I become a sitting tenant for the new owners
9: If the harassment continue I can change the locks as long as I keep the original Key Barrel as it belongs to the house
10: If the landlord changes the locks I can peacefully break into the property, with the police as a witness
Please can somebody inform me whether I am right in any of these points as this is turning into a mess and want to know where I stand. All I want is more time to find a property, or be given the right documentation to get assistant from the council, I really do feel between a rock and a hard place...
PLEASE HELP!!
210
Mike2011-07-11 13:55:16
Hey Confused,
This sort of issue is best tackled with some dedicated help.
Have you considered contacting shelter? http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline
"Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears."
Ring 0808 800 4444
8am-8pm Monday-Friday
8am-5pm Saturday-Sunday
Calls are free from UK landlines and main
mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).
This sort of issue is best tackled with some dedicated help.
Have you considered contacting shelter? http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline
"Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears."
Ring 0808 800 4444
8am-8pm Monday-Friday
8am-5pm Saturday-Sunday
Calls are free from UK landlines and main
mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).
211
vandy2011-07-11 18:39:00
Hi
I was told that I served my tenant with section 21 and as long as I do not seek rent arrear i or my solicitor do not need to attend the court hearing, the judge will grant possession order, please let me know is it right?
Can anyone tell me is it possible just to hire someone to help with me fill the form for court procceeding to obtain a possession oreder 9court papers only)
Thanks
VS
I was told that I served my tenant with section 21 and as long as I do not seek rent arrear i or my solicitor do not need to attend the court hearing, the judge will grant possession order, please let me know is it right?
Can anyone tell me is it possible just to hire someone to help with me fill the form for court procceeding to obtain a possession oreder 9court papers only)
Thanks
VS
212
josh2011-08-18 14:51:09
hi, I was due to move into a rented property. I paid the deposit and even paid the rent a month in advace of moving in. I went ahead and gave my notice to my current landlord. A week before I am due to move, I get a call from the estate agent saying the tenant occupying the property I am moving to will not be leaving the flat for another 3 weeks even though we agreed on a move in date we both sign this. Estage agents say that they cant force the curent tenenat to move out and they will not compensate me either. they are hoever happy to give me a refund, but its rather short notice and I have to start loking again. If I had pulled out of the deal to take up the propert citing a baseless excuse like that the estate agen would not have given me my deposit back. what do I do now, as I have already given my notice to my current landlord, I am effective homeless after my notice expires. is there any legal recourse for me to take against estate agent?
213
lynn2011-08-24 17:20:23
hi ,my son and i are joint tenants wev lived here for over 2 years.in june 2011 the letting agency asked if they could view the property and i agreed a date.however when the girl from the agency arrived she spoke about us being evicted ??? she said we had been issued a section 21 notice off our landlord and 2 months had passed!we were absolutely flabbergasted we had no idea and said we had no correspondence of any kind about a notice.the agency said they had sent us a letter about it and the landlords solicitor. the agency have since apparently sent copies TWICE but still we havent received anything about section 21 although we have received other correspondence from them about other things so they obviously have the right address on thier system.wev told our landlord all of this and we have expected a handdelivered letter but so far we havent.we have a personal postbox and im starting to wonder if someone is putting thier hand in?its very unlikely cos wer getting all our other letters.its so exasperating as it sounds so unbelievable and we still dont know where we stand with this eviction. please help somebody lynn x
214
Alistair2011-08-25 03:27:37
Soooo Confused,
Did your Tenancy agreement start on the 1/11/09?, for a 6 month period?. Most residential Tenancies are AST. After the 6 month period your Tenancy Agreement in most cases becomes what is known as a periodic Agreement.(Month by month if your rent is due the same date of every month.)
Regardless of the fact(Providing you have not signed a new agreement.) you are in a periodic Tenancy, your Landlord legally has to give you a clear two months notice to quit and the dates requesting possession must coincide with the dates on your last signed AST. Therefore, presuming your AST started on the 1/11/09 your notice should have been received on or before, but no later than the 30th of April. (Giving you 2 calendar months notice, i.e. your move out date would be no later than the 30th of June.) Therefore, if you received your notice to quit on the 7th of May this notice is invalid.
The Council will not process an application to re house you until a valid notice has been served.(In some cases only when the Landlord has taken the case to Court. They will do all within their power to help keep you housed where you are presently due to the shortage of social housing.)
Ok, please can somebody just clarify that I have a full understanding of my rights and legal position.
1: My deposit does not appear to be registered in any Deposit Scheme. - All deposits have to be placed into a stakeholders account within 14 days of the Tenancy commencing. (The stakeholders write to you and ask you to confirm the details the Landlord has given for you.
Once you have approved this information you will be sent a unique password should you need to raise any dispute at the end of the tenancy regarding the deposit refund.) If you have not received such information it is likely your Landlord has not adhered to the rules and regulations of the Act.
2: The initial notice is not valid as it did not Quote "I hereby give you notice by virtue of section 21 -Wording does not have to be exact as long as it is clear, however, It is a legal requirement (in order for the notice to be deemed correctly served) the Section 21 notice stipulates it is a periodic Tenancy agreement.
3: The dates in the notice do not correspond with the rent/tenancy terms of the agreement A.-The notice is not valid
4: The notice should be for a minimum of 2 months or between rent payments whichever is sooner. Correct.
6: I can claim up to 3 times the value of the deposit or ask that the deposit be registered by a court of law
Yes, the Court may also award a compensation cost to you, payable by the Landlord )
7: Should the sale of the house go through the new owner would be responsible for the deposit & will have to go through the same process
It is very unlikely the purchaser will be able to continue with the purchase with a sitting Tenant if the property is to be subject to mortgage conditions.( unless you are willing to sign a new Tenancy or the Landlord serves notice correctly)
9: If the harassment continue I can change the locks as long as I keep the original Key Barrel as it belongs to the house.
A Landlord is not allowed to enter your home unless you have had 24hrs notice or have agreed for them to enter unless it is an emergency, i.e. a gas leak.)
10: If the Landlord changes the locks I can peacefully break into the property, with the police as a witness- Not advisable, you will be liable for any damage. Your Landlord is not allowed to change the locks without giving you a set of the keys. If he refuses, go to your local housing options they will give him a 2-3 hour time frame to hand over a set of keys to you, if he fails to do so, housing options will have him arrested for unlawful eviction.
There may be an easy solution, do you know if the present purchaser is planning to let the property? If so, ask him/her if they would consider signing a new AST upon completion, providing the purchaser is having a buy to let mortgage the lenders in most cases are willing to do an undertaking on the condition there will be a new AST drawn up. (You will have to sign a legal document to say you agree and adhere to the undertaking)If all parties involved are happy to do this, your present Landlord will have to return the deposit within 10 days to you, in order for you to pass to your new Landlord. (Always have an inventory of the condition of the property signed by both Landlord and Tenant for your protection)
Hope this helps.
Did your Tenancy agreement start on the 1/11/09?, for a 6 month period?. Most residential Tenancies are AST. After the 6 month period your Tenancy Agreement in most cases becomes what is known as a periodic Agreement.(Month by month if your rent is due the same date of every month.)
Regardless of the fact(Providing you have not signed a new agreement.) you are in a periodic Tenancy, your Landlord legally has to give you a clear two months notice to quit and the dates requesting possession must coincide with the dates on your last signed AST. Therefore, presuming your AST started on the 1/11/09 your notice should have been received on or before, but no later than the 30th of April. (Giving you 2 calendar months notice, i.e. your move out date would be no later than the 30th of June.) Therefore, if you received your notice to quit on the 7th of May this notice is invalid.
The Council will not process an application to re house you until a valid notice has been served.(In some cases only when the Landlord has taken the case to Court. They will do all within their power to help keep you housed where you are presently due to the shortage of social housing.)
Ok, please can somebody just clarify that I have a full understanding of my rights and legal position.
1: My deposit does not appear to be registered in any Deposit Scheme. - All deposits have to be placed into a stakeholders account within 14 days of the Tenancy commencing. (The stakeholders write to you and ask you to confirm the details the Landlord has given for you.
Once you have approved this information you will be sent a unique password should you need to raise any dispute at the end of the tenancy regarding the deposit refund.) If you have not received such information it is likely your Landlord has not adhered to the rules and regulations of the Act.
2: The initial notice is not valid as it did not Quote "I hereby give you notice by virtue of section 21 -Wording does not have to be exact as long as it is clear, however, It is a legal requirement (in order for the notice to be deemed correctly served) the Section 21 notice stipulates it is a periodic Tenancy agreement.
3: The dates in the notice do not correspond with the rent/tenancy terms of the agreement A.-The notice is not valid
4: The notice should be for a minimum of 2 months or between rent payments whichever is sooner. Correct.
6: I can claim up to 3 times the value of the deposit or ask that the deposit be registered by a court of law
Yes, the Court may also award a compensation cost to you, payable by the Landlord )
7: Should the sale of the house go through the new owner would be responsible for the deposit & will have to go through the same process
It is very unlikely the purchaser will be able to continue with the purchase with a sitting Tenant if the property is to be subject to mortgage conditions.( unless you are willing to sign a new Tenancy or the Landlord serves notice correctly)
9: If the harassment continue I can change the locks as long as I keep the original Key Barrel as it belongs to the house.
A Landlord is not allowed to enter your home unless you have had 24hrs notice or have agreed for them to enter unless it is an emergency, i.e. a gas leak.)
10: If the Landlord changes the locks I can peacefully break into the property, with the police as a witness- Not advisable, you will be liable for any damage. Your Landlord is not allowed to change the locks without giving you a set of the keys. If he refuses, go to your local housing options they will give him a 2-3 hour time frame to hand over a set of keys to you, if he fails to do so, housing options will have him arrested for unlawful eviction.
There may be an easy solution, do you know if the present purchaser is planning to let the property? If so, ask him/her if they would consider signing a new AST upon completion, providing the purchaser is having a buy to let mortgage the lenders in most cases are willing to do an undertaking on the condition there will be a new AST drawn up. (You will have to sign a legal document to say you agree and adhere to the undertaking)If all parties involved are happy to do this, your present Landlord will have to return the deposit within 10 days to you, in order for you to pass to your new Landlord. (Always have an inventory of the condition of the property signed by both Landlord and Tenant for your protection)
Hope this helps.
215
Tim2011-09-05 10:26:36
Hi
I hame a tenant who has not paid rent for 6 months, I have issues a section 21 and the court has granted a 7 day possession order however, I have to apply to a 'court appointed bailiff' to evict the tenant and this takes between 6 to 8 weekd (due to the amount of work they are currently carrying our)
This tenant has also been harassing the neighbours and, we believe, has a stolen motorcycle in the premises.
My question is, following his eviction notice is there any faster way to evict him from the property as it seems rather stupid to grant a 7 day evistion notice only to find it will take another 6-8 weeks to obtain a bailiff to carry this out!
Can I change the locks when he is out? or turn up and pretend I am the new tenant (and then change the locks)?
HELP!
All advice welcome.
Thanks
I hame a tenant who has not paid rent for 6 months, I have issues a section 21 and the court has granted a 7 day possession order however, I have to apply to a 'court appointed bailiff' to evict the tenant and this takes between 6 to 8 weekd (due to the amount of work they are currently carrying our)
This tenant has also been harassing the neighbours and, we believe, has a stolen motorcycle in the premises.
My question is, following his eviction notice is there any faster way to evict him from the property as it seems rather stupid to grant a 7 day evistion notice only to find it will take another 6-8 weeks to obtain a bailiff to carry this out!
Can I change the locks when he is out? or turn up and pretend I am the new tenant (and then change the locks)?
HELP!
All advice welcome.
Thanks
216
Alistair2011-09-06 01:02:54
Tim,
There is no point in you pretending to be the new Tenant as this will only cause more hassle for you later if or when you may need assistance. The Court bailiffs have no more power than you do to gain access to the property. You are quite within your rights (after the 7 day order has lapsed. Idealy 1 week after, I will explain later why) to enter the property without prior notice to the Tenant. The best and safest way to do this is, write to the tenant and inform them you expect them to have vacated and cleared of their belongings by no later than 1 week after the order has elapsed, giving them an additional week to clear the property. On the date you asked them leave (persuming they have'nt left)go into the nearest police station to the property, present a copy of the court order and inform the police that you intend to regain possession of your property and that you would like their assistance as you believe the Tenant may be likely to cause a public disorder offence or turn violent(they may advise you to wait for an appointed court bailiff, it is not a legal requirement) This is a Civil matter and they often do not want to get involved, however, it is in your favour to have it noted on police file in case they need to assist due to complications.
Secondly,(I advise to take a companion) providing you have a key let yourself in and proceed to change the locks, if the tenant is present ask them to leave as they have no right to be in your property any longer. Do not leave the property and make it clear you are staying until they leave. You are allowed to use reasonable force but not violence. Ask your conpanion to start putting their belongings out on the front(do not damage anything,it is a criminal ofence if you do)once the Tenant steps foot out of the property close the door behind them. If the Tenant makes threats of any kind call the police and they will escort them off your land.
There is no point in you pretending to be the new Tenant as this will only cause more hassle for you later if or when you may need assistance. The Court bailiffs have no more power than you do to gain access to the property. You are quite within your rights (after the 7 day order has lapsed. Idealy 1 week after, I will explain later why) to enter the property without prior notice to the Tenant. The best and safest way to do this is, write to the tenant and inform them you expect them to have vacated and cleared of their belongings by no later than 1 week after the order has elapsed, giving them an additional week to clear the property. On the date you asked them leave (persuming they have'nt left)go into the nearest police station to the property, present a copy of the court order and inform the police that you intend to regain possession of your property and that you would like their assistance as you believe the Tenant may be likely to cause a public disorder offence or turn violent(they may advise you to wait for an appointed court bailiff, it is not a legal requirement) This is a Civil matter and they often do not want to get involved, however, it is in your favour to have it noted on police file in case they need to assist due to complications.
Secondly,(I advise to take a companion) providing you have a key let yourself in and proceed to change the locks, if the tenant is present ask them to leave as they have no right to be in your property any longer. Do not leave the property and make it clear you are staying until they leave. You are allowed to use reasonable force but not violence. Ask your conpanion to start putting their belongings out on the front(do not damage anything,it is a criminal ofence if you do)once the Tenant steps foot out of the property close the door behind them. If the Tenant makes threats of any kind call the police and they will escort them off your land.
217
mr Russo2011-09-17 10:04:02
hi,
Can someone help me with my question,I have given my tenant his 2 months notice,he left after the 2 months but he has left all his belongings in his room,he keeps saying he will pick them up but never does,how long do I have to keep his belongings before I can remove them myself out of my property legally.
Can someone help me with my question,I have given my tenant his 2 months notice,he left after the 2 months but he has left all his belongings in his room,he keeps saying he will pick them up but never does,how long do I have to keep his belongings before I can remove them myself out of my property legally.
218
Alistair2011-09-19 08:51:34
Mr Russo-Unsolicited goods.
Unfortunately you are not allowed to remove your previous tenants belongings without giving them adequate notice to collect them/your intentions to dispose. If you have a forwarding address for him,(this will make things simpler)you must write to him (recorded delivery) asking him to remove his items by a certain date. Should he not respond write again giving him a final collection date. After this date as lapsed you may dispose of the items. You could take them to him but beware, take photos and a inventory of all items before removing them, he could accuse you of taking items, this will be classed as theft (Civil matter).
Should you not know his whereabouts and only after every attempt has been made to contact him, you may sell or dispose the items, however, you must retain a receipt along with a list of items sold.
Should the past Tenant make contact you must pay him any amounts received for the items up to a period of 6 years
Unfortunately you are not allowed to remove your previous tenants belongings without giving them adequate notice to collect them/your intentions to dispose. If you have a forwarding address for him,(this will make things simpler)you must write to him (recorded delivery) asking him to remove his items by a certain date. Should he not respond write again giving him a final collection date. After this date as lapsed you may dispose of the items. You could take them to him but beware, take photos and a inventory of all items before removing them, he could accuse you of taking items, this will be classed as theft (Civil matter).
Should you not know his whereabouts and only after every attempt has been made to contact him, you may sell or dispose the items, however, you must retain a receipt along with a list of items sold.
Should the past Tenant make contact you must pay him any amounts received for the items up to a period of 6 years
219
Rustyfd2011-10-24 16:07:01
My tenant won't leave.
As the landlord I have done everything properly so far but due to my naiivety I have not done the deposit protection scheme does that effect the s21? If so how can I get the tenant out ASAP as the property is sold and I will possibly lose my own home if not sorted now
As the landlord I have done everything properly so far but due to my naiivety I have not done the deposit protection scheme does that effect the s21? If so how can I get the tenant out ASAP as the property is sold and I will possibly lose my own home if not sorted now
220
WOZZA2011-11-01 22:07:40
Hi to you all..... Please help.
tennents in my house on bennefits. section 21 served and runs out next week. What is my next step to get them out.
Since section served, the tennents have caused a lot if criminal damage in house thats on police file.
Please help.
tennents in my house on bennefits. section 21 served and runs out next week. What is my next step to get them out.
Since section served, the tennents have caused a lot if criminal damage in house thats on police file.
Please help.
221
Benji2011-11-01 22:38:57
Fill out a N5b possession claim form. 3 copies. Attach AST and S21 + proof of service. Cheque for £175. Send to the County Court in the properties area.
(Hope the deposit is protected.)
(Hope the deposit is protected.)
222
Cardifflandlord2011-11-02 09:31:01
@Mr Russo: Excellent advice from Alistair.
@Rustyfd: Get the deposit into a protection scheme without delay and certainly before doing anything to get him out.
Only way you can legally get him out is via section 21 (you don't say if tenancy is assured statutory or periodic) but even if you issue correct one he does not have to leave. Only legal way to remove is via a court order so you need to start now as process could take more than 6 months and could cost you £££ as even if courts issue notice you then have to have court appointed bailiffs to remove him. This assumes you get the section 21 absolutely correct in terms of notice, dates etc otherwise you will be back to sq 1!
You could offer him say £600 to go as it's going to cost you at least this to remove via courts.
@wozza: If they don't leave you have to go to court or appoint someone like Landlord Action to sort the paperwork. You will have to sue to recover criminal damage costs - good luck with that one.
Proceedure for N5b http://www.propertyhawk.co.uk/index.php?page=magazine&id=490
@Rustyfd: Get the deposit into a protection scheme without delay and certainly before doing anything to get him out.
Only way you can legally get him out is via section 21 (you don't say if tenancy is assured statutory or periodic) but even if you issue correct one he does not have to leave. Only legal way to remove is via a court order so you need to start now as process could take more than 6 months and could cost you £££ as even if courts issue notice you then have to have court appointed bailiffs to remove him. This assumes you get the section 21 absolutely correct in terms of notice, dates etc otherwise you will be back to sq 1!
You could offer him say £600 to go as it's going to cost you at least this to remove via courts.
@wozza: If they don't leave you have to go to court or appoint someone like Landlord Action to sort the paperwork. You will have to sue to recover criminal damage costs - good luck with that one.
Proceedure for N5b http://www.propertyhawk.co.uk/index.php?page=magazine&id=490
223
leekee2011-11-15 10:17:06
Hi, I verbally told my landlord that i wanted to leave the property and said I would give him 6 weeks notice. He has now served me with a section 21 notice to take back the property on the 14th January 2012. does this mean that I can give 1 months notice and leave the property on the 14th December 2011 and not be liable for the final months rent as he has actually accuired posession from me?
224
amit arora2011-11-17 10:13:43
hello my dad paid rs 1, lakh to a tenant to leave his possesion on 1986 ,we have taken a possesion since then we r living ,sice the owner was from punjab he very rarely come for a rent . and we have given 5 ,7 time rents only in last 25 years and that 2 on a page not a proper recipt , last year the owner has selled his property to someone he has given a lawyer notice not a court notice and he is saying u r having a illegal possesion , . now he is offering us money like the property is of 1 crore he is giving us 25 lakh and i have consulted my lawyers and they r saying , that i m having electricity meter bills water bills ration card license so many of proofs ,i want to ask u am i in a strong position or not help me if possible
225
linda2012-01-11 20:20:19
my ast ends on 31st Jan and on the 5th I received a letter saying landlord was giving me notice to vacate the property by 18th March, as I am going to be from the property by the 21st Jan, before the end of the ast am I liable for the extra rent till march as ice been told I am? any suggestions, I'm very confused as I thought i would only be liable if it was me that ended tenancy early to cover rent till date agreed, I have not signed to stay longer than 31st Jan
226
Jeremy2012-01-11 21:46:58
Hello linda,
This link might help:
http://www.communities.gov.uk/documents/housing/pdf/138304.pdf
At the end of your tenancy (31st Jan) the law stipulates the tenancy converts to a "Statutory Periodic Tenancy". In simple words, it just keeps rolling on month by month. It sounds like your landlord did not know you wanted to leave and so has issued a Section 21 Notice giving you at least two whole months notice to leave. So far, so legal.
Your tenancy agreement will contain the rules which decide how much notice you have to give to your landlord if you want to leave. So there is no "fixed answer" I can give you.
My suggestion is to read the government guide and your tenancy agreement and see if you can work it out. If you're still confused, come back here and you'll need to include the wording of your tenancy as it refers to notice from you.
Hope this helps.
This link might help:
http://www.communities.gov.uk/documents/housing/pdf/138304.pdf
At the end of your tenancy (31st Jan) the law stipulates the tenancy converts to a "Statutory Periodic Tenancy". In simple words, it just keeps rolling on month by month. It sounds like your landlord did not know you wanted to leave and so has issued a Section 21 Notice giving you at least two whole months notice to leave. So far, so legal.
Your tenancy agreement will contain the rules which decide how much notice you have to give to your landlord if you want to leave. So there is no "fixed answer" I can give you.
My suggestion is to read the government guide and your tenancy agreement and see if you can work it out. If you're still confused, come back here and you'll need to include the wording of your tenancy as it refers to notice from you.
Hope this helps.
227
linda2012-01-11 22:52:59
Hi Jeremy,
Thanks for your advice, very helpful
I've looked back over the agreement and yes it mentions month by month until I or my landlord gives notice, I cannot find anything that says length of notice I must give though, assuming it's 30 days would I be able to send letter stating that even though he's issued notice, the agents are not the most helpful people i've dealt with so the less contact needed the better!
Linda
Thanks for your advice, very helpful
I've looked back over the agreement and yes it mentions month by month until I or my landlord gives notice, I cannot find anything that says length of notice I must give though, assuming it's 30 days would I be able to send letter stating that even though he's issued notice, the agents are not the most helpful people i've dealt with so the less contact needed the better!
Linda
228
Jeremy2012-01-11 23:37:06
Hello Linda,
Thank you. If your tenancy is silent on the notice you must give then read: http://www.communities.gov.uk/documents/housing/pdf/138304.pdf
particularly page 13.
You may be legally entitled to stop paying on 31st January if you give written notice of your decision to quit via the Agent promptly.
Thank you. If your tenancy is silent on the notice you must give then read: http://www.communities.gov.uk/documents/housing/pdf/138304.pdf
particularly page 13.
You may be legally entitled to stop paying on 31st January if you give written notice of your decision to quit via the Agent promptly.
229
Alistair2012-01-19 11:03:40
I thought I would offer some valuable advice for Landlords when considering renting out a property to persons on Housing Benefit. Most Landlords are aware that renting to HB Tenants are becoming more popular due to the local authority housing shortage. Local Councils are offering to pay Tenants deposits for them due to the shortage of Council property and keeping their waiting lists down.
Landlords unless the Tenants decide to leave your ONLY option of getting them out is through the Court system, regardless of rent arrears, damage antisocial behavior or just the simple fact you may want to sell.
HB tenants will receive all the free advice and every trick in the book from the Council in order to keep them in the property.
I have successfully taken a number of Tenants to Court, through this process I learnt what lengths the Council will go to, to keep a Tenant off their waiting list for as long as possible.
BELOW IS A LIST OF THINGS TO MAKE SURE YOU HAVE DONE AT THE START OF ANY TENANCY AGREEMENT.
1, Inventory with photos
2, Valid gas safety cert (do not let this ever run out)
3, Valid EPC
4, Deposit into a protection scheme within the 14 days of receiving it.
When serving notice
1, Insure your give the required clear 2 months notice(recorded delivery)
2, Insure the dates are correct and received in plenty of time(the day before the new rolling contract starts, if they signed on the 30th your notice states the 29th)
3, Insure if on a rolling contract you put PERIODIC CONTRACT on the section 21 notice, if you do not state periodic on the notice it will be invalid in Court. The Tenant will be informed by the Council and will be advised not to tell the Landlord that the lack of one simple word on the notice deems it invalid and you will have to start the whole process again.
The Council will request the Judge for an extension for the Tenants, however if you follow the above, the maximum time a Judge can allow is 6 weeks.
Not all HB tenants are a pain and it is not their fault there is a shortage.
HB pay the rent directly to the tenants, however should the tenant have 6 weeks or more in rent arrears you may ring the HB and request you the Landlord are paid directly into your account. They can not refuse this otherwise it is they themselves who are putting the Tenant in danger of intentional homelessness.
One last bit of advice keep a record of any repairs carried out on the property, and do keep your house well maintained, regardless of any arrears the Tenant can request HB paid back to them if there are any outstanding repairs.
When considering renting to HB it maybe worth your while to get environmental health out to inspect your property, having them on board for a unruly Tenant will only help your case if they request the 6 week extension.
I had to repairing smashed windows, guttering, lead replacement, lights, doors and even falling down ceilings due to the tenants informing the Environmental health she had rented it out in this state in a bid to get HB paid directly to her again regardless of the existing 6K arrears.
I had no proof the Tenant had done the damage the first time, however,EV took photos of all the repairs, when they reappeared just in time for the Court case I Had proof the Tenants had done it deliberately the second time.
The Council stood up in Court and lied for the Tenants, fortunately for me I had written proof from another Council section, good job for me that Council departments do not liaise with each other.
Not often a Judge will call a civil servant a lier. My Tenants were ordered to leave with her 6 children within 3 days of the hearing. It pays to do it by the book.
Landlords unless the Tenants decide to leave your ONLY option of getting them out is through the Court system, regardless of rent arrears, damage antisocial behavior or just the simple fact you may want to sell.
HB tenants will receive all the free advice and every trick in the book from the Council in order to keep them in the property.
I have successfully taken a number of Tenants to Court, through this process I learnt what lengths the Council will go to, to keep a Tenant off their waiting list for as long as possible.
BELOW IS A LIST OF THINGS TO MAKE SURE YOU HAVE DONE AT THE START OF ANY TENANCY AGREEMENT.
1, Inventory with photos
2, Valid gas safety cert (do not let this ever run out)
3, Valid EPC
4, Deposit into a protection scheme within the 14 days of receiving it.
When serving notice
1, Insure your give the required clear 2 months notice(recorded delivery)
2, Insure the dates are correct and received in plenty of time(the day before the new rolling contract starts, if they signed on the 30th your notice states the 29th)
3, Insure if on a rolling contract you put PERIODIC CONTRACT on the section 21 notice, if you do not state periodic on the notice it will be invalid in Court. The Tenant will be informed by the Council and will be advised not to tell the Landlord that the lack of one simple word on the notice deems it invalid and you will have to start the whole process again.
The Council will request the Judge for an extension for the Tenants, however if you follow the above, the maximum time a Judge can allow is 6 weeks.
Not all HB tenants are a pain and it is not their fault there is a shortage.
HB pay the rent directly to the tenants, however should the tenant have 6 weeks or more in rent arrears you may ring the HB and request you the Landlord are paid directly into your account. They can not refuse this otherwise it is they themselves who are putting the Tenant in danger of intentional homelessness.
One last bit of advice keep a record of any repairs carried out on the property, and do keep your house well maintained, regardless of any arrears the Tenant can request HB paid back to them if there are any outstanding repairs.
When considering renting to HB it maybe worth your while to get environmental health out to inspect your property, having them on board for a unruly Tenant will only help your case if they request the 6 week extension.
I had to repairing smashed windows, guttering, lead replacement, lights, doors and even falling down ceilings due to the tenants informing the Environmental health she had rented it out in this state in a bid to get HB paid directly to her again regardless of the existing 6K arrears.
I had no proof the Tenant had done the damage the first time, however,EV took photos of all the repairs, when they reappeared just in time for the Court case I Had proof the Tenants had done it deliberately the second time.
The Council stood up in Court and lied for the Tenants, fortunately for me I had written proof from another Council section, good job for me that Council departments do not liaise with each other.
Not often a Judge will call a civil servant a lier. My Tenants were ordered to leave with her 6 children within 3 days of the hearing. It pays to do it by the book.
230
Penny2012-01-22 10:54:09
I am new to being a landlord and have phoned myself if the position of having had to serve a Possession Order to the Court which has been served upon the Tenant to which they had returned a reply of requesting the Court to allow a further 42 days, which I believe is quite common. I was told by a Solicitor that this would be allowed whether I agreed or not, so I have gone along with it. 42 days will expire on the 15th February 2012. My question is, do I have to do anything further or will the Courts automatically proceed with an eviction order so that they Tenants can be housed which they have shown to be the course they always intended to take when coming into the country. I was unaware of this as I was led to believe that they were Professional Tenants not DHSS. The usual scam I believe. Another question, do I have any recourse to the Estate Agents as they were the ones who said they had obtained references and I wonder where from.
231
Benji2012-01-22 14:28:25
Penny, if the tenants dont surrender the property by the date on the possession order you need to apply for a bailiffs warrant (£85 IIRC?). That takes between 2 weeks to 2 months depending how busy they are.
It is not automatic.
Chances are, if your tenants are playing the system, they will leave as per the possession order. The council are probably advising them on all this. Unfortunately, if they are struggling to house them they may tell the tenants to wait until the bailiffs actually turn up to throw them out.
Youre nearly there now.
P.s once you have possession, make sure you change the locks.
It is not automatic.
Chances are, if your tenants are playing the system, they will leave as per the possession order. The council are probably advising them on all this. Unfortunately, if they are struggling to house them they may tell the tenants to wait until the bailiffs actually turn up to throw them out.
Youre nearly there now.
P.s once you have possession, make sure you change the locks.
232
Benji2012-01-22 14:44:46
Penny, I assume youre evicting for non payment of rent?
If so and they are receiving benefits, have you applied to the council to get the benefits paid direct to you? If not, get onto it tomorrow. The benefits will be suspended whilst they look into it.
If so and they are receiving benefits, have you applied to the council to get the benefits paid direct to you? If not, get onto it tomorrow. The benefits will be suspended whilst they look into it.
233
paula2012-01-24 21:08:48
hi i need help URGENTLY im totally confused my ex landlord took hes wife to court for half the houses they own but he aint been paying mortgage on the house i live in so the mortgage people took it back as far as i knew as they said to me as long as i pay the rent i can stay here but now ex landlord handed me eviction notice today which ends on my birthday what a birthday present WHO DO I LISTEN TO the mortage people or ex landlord who i might add conned me out of 2 grand in rent i have disabled child too
234
Jeremy2012-02-01 22:53:50
Hello Paula,
My suggestion is that you've answered your own question. If this man has already conned you out of two grand I would not be surprised if he's trying to muscle you out of your house in order to make it more attractive as a quick sale or to spite his mortgage company. I'd sit tight. Also unless the mortgage company is a well known high street brand, I might be tempted to temporarily suspend payments to them. Explain you've been getting confusing contact from the landlord and you just want them to send through documentary, legal proof that they've taken control of the house and then you'll resume rent and make any back payments due.
My suggestion is that you've answered your own question. If this man has already conned you out of two grand I would not be surprised if he's trying to muscle you out of your house in order to make it more attractive as a quick sale or to spite his mortgage company. I'd sit tight. Also unless the mortgage company is a well known high street brand, I might be tempted to temporarily suspend payments to them. Explain you've been getting confusing contact from the landlord and you just want them to send through documentary, legal proof that they've taken control of the house and then you'll resume rent and make any back payments due.
235
paula2012-02-24 04:26:25
thanks jeremy
thats what i was thinking i already asked them for documentary proof
thats what i was thinking i already asked them for documentary proof
236
Richard2012-03-17 03:04:20
i have a question my landlord served me with a 10 day eviction notice for rent which we had an agreement for me to pay it next week but today gave me the eviction notice, Now my question is he has the last name wrong on it and my name is spelled Richerd Warner which is not my last name is it still valid *note i live in british columbia canada*
237
Richard2012-03-17 03:06:26
like say my name is Richard Smith but he put Richerd Jones
238
LauLau2013-03-16 10:06:43
Question...
Our AST runs out in 2 months and we have been issued a section 21. We were told at the beginning of the contract that we would be able to move on to a rolling one at the end of the tenancy but this has obviously not happened.
We have always kept the flat in good condition and have had quarterly inspections. The only thing they said was wrong was that we had crumbs on our kitchen counter and that the soap dish had too many soap marks (pathetic I know).
We have lived in quite a lot of rented properties and each one we have taken good care of and left in a better state of cleanliness than we found it.
We are worried that once again however, the landlord/letting agent will try and screw us for our deposit. It happens every time and takes SO long for us to get our deposit back.
One of the names on the section 21 we have been issued is incorrect. Do I have to tell my landlord about this or can I leave him to work it out himself?
Our AST runs out in 2 months and we have been issued a section 21. We were told at the beginning of the contract that we would be able to move on to a rolling one at the end of the tenancy but this has obviously not happened.
We have always kept the flat in good condition and have had quarterly inspections. The only thing they said was wrong was that we had crumbs on our kitchen counter and that the soap dish had too many soap marks (pathetic I know).
We have lived in quite a lot of rented properties and each one we have taken good care of and left in a better state of cleanliness than we found it.
We are worried that once again however, the landlord/letting agent will try and screw us for our deposit. It happens every time and takes SO long for us to get our deposit back.
One of the names on the section 21 we have been issued is incorrect. Do I have to tell my landlord about this or can I leave him to work it out himself?
239
Please leave a comment
Want FREE Landlord/Tenant advice from experienced Landlords?
Join our active Landlord community by registering to our Landlord Forum.
Learn, share and resolve your problems!
I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.