Section 21 – Notice of Possession Order Form

Buy A Section 21 - Notice Of Possession 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.

Buy A Section 21 - Notice Of Possession Form

255 Comments - join the conversation...

Showing 206 - 255 comments (out of 255)
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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

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cardiflandlord2011-06-21 08:21:10

Ps - the Sword of Damocles hangs above your head - you don't live on it!

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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

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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?

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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!!

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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).

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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

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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?

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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

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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.

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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

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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.

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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.

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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

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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

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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.

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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.)

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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

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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?

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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

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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

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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

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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.

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paula2012-02-24 04:26:25

thanks jeremy
thats what i was thinking i already asked them for documentary proof

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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*

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Richard2012-03-17 03:06:26

like say my name is Richard Smith but he put Richerd Jones

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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?

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YMK tenant2013-07-24 14:08:01

Hi, I was wondering if you would kindly give me some advice;

My housemate and myself took out a 6 month contract to rent an apartment with a letting agency (we originally wanted something that was a bit longer, but did not want to take out a 12 month contract - the agency assured us that this wold be fine and that we could go onto a rolling month contract once our 6 month contract was done). A month before our 6 month contract ended I sent an email to the agency to let them know that I would like to continue renting the apartment and go onto what they had called a 'rolling month contract'. I was informed that this would not be possible as the landlord had sold the apartment. They then sent me an email saying that under section 21 we would need to leave the apartment at the end of the 6 month contract which is in a month. My housemate and myself were devastated - I am in the middle of a masters degree and desperately need to be close to my university and I do not have time to look for a new apartment or move and I can not take out another 6 month contract because my university education finishes in Sept/Oct.
After readying the information you have provided about section 21 - I now believe that we are entitled to 2 months notice and that we have not been correctly 'served notice' as you said it has to be posted or given in person which it hasn't been.
What advice would you give us? Is there someone who could help us? Do we go to our agency and say that we are entitled to 2 months notice before we are expected to leave?

Very upset tenant. Greatly in need of some advice.

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Andy2013-10-14 20:50:48

Hi,
I was issued with a order for possession in Feb 2012, and I have just noticed that it was issued for a rented premises, and as I have a mortgage on this property is this correct, or is there something I can do.

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jemma2013-11-12 15:16:54

do you serve a section 21 when renewing a tenants tenancy agreement ??

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sam2013-12-03 14:45:35

I am a landlord and I served section 8 notice because of rent arrears and the tenant made a disrepair counterclaims. The disrepair occurred after the NSP has expired. Can the tenant succeed in his claim against me?

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Dee2014-02-04 00:29:39

My tennant has been arrested for class a drugs offence. How do I evict and deal with his belongings if I cannot find out where he is imprisoned. I have no family contacts for him and had already served a section 21

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Not Again2014-02-06 14:52:01

Hopefully someone can offer some sound advice. The short version is that we have been issued with a S.21 notice. It appears valid taking into account Deposit Protection, dates etc. Our AST was up for renewal last November, and we were assure the LLs were delighted we wanted to stay on for another year. The LLs also promised a revised contract as there were errors on the original one. The agents have however ignored our requests for a reviewed agreement. The property is in need of some repair, which was started/promised prior to the S.2 being issued, but this appears to have now stopped so we still have leaks and damp etc. This is following a heating problem over Christmas, which left us without heating for 3 weeks and we incurred costs buying electric heaters & running the immersion etc. It was immediately after we asked to recoup these costs (ignored) that the notice was issued.
So: where do we stand as there are repairs & costs outstanding? We feel it's a bit rich kicking us out at such short notice, but respect it if they genuinely need the property back. However, all parties had agreed we wanted to stay here for at least another year.
The same agents issued us with a S.21 14 months ago on our last tenancy (then found us this one promising we'd be secure here) & both times have been v abrupt and not apologetic.
Are we entitled to withhold rent until the repairs / costs have been addressed?
Thanks

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Julie Woodhouse2014-02-22 11:37:42

I have been served a Section 21 notice and the correct procedure has been followed so I don't dispute any of that. What is confusing me though is that the Landlord as stated on my tenancy agreement is NOT the registered owner of the property and the notice has been served by the registered owner, NOT the landlord as stated on my tenancy agreement.

Is this notice valid? Or does the landlord as stated on the AST have to serve the notice? What are the implications for the landlord if I push this to a possession hearing at court?

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LYNNE2014-02-26 19:26:38

H have a student occupied hmo the majority owe rent and the house is not being cared for it is licensed and on an ast they are due tom leave beginning of JULY should I SERVE A SECTION 21 OR A SECTION 8? Their deposits were correctly registered within the time scale.

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Steve2014-03-04 13:09:22

My friend's Landlord has served a s21 notice on her to quit the property she was occupying under a fixed term tenancy. As far as I am aware the LL has complied with the rent deposit regulations. I have a number of questions which I hope you can answer.
1. The Landlord's agent had previously verbally advised my friend she would be given at least 3 months notice to quit. Does this affect the validity of the S21 notice or can she rely on this verbal promise to buy herself more time before leaving?
2. My friend had found a new property to rent but after she discovered damp and other problems the Landlord took it off the market to make good the defects. She had not signed a tenancy agreement and all the fees she paid were refunded in full. The property was immediately re-advertised - would my friend have any rights to compensation as she is now back to square 1 and the clock is ticking on the expiry of the S21? Also, if her current landlord applies for an eviction notice would the court take into account the issues she had with the property she thought she was going to move into?
My friend has 2 children and has paid all her rent up to the expiry of the S21 notice. She has kept her current Landlord fully informed of the situation with the defective property.

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Diana2014-03-04 20:36:35

hi,
my tenant would not leave after serving s21. Being kind, we signed AST straight away for her to get housing benefits. The deposit is mentioned there as well as monthly payments, but we never received the deposit and only a couple of hundreds of rent (bank statements show that. We also filed N8 notice after a few weeks of tenancy, but were not advised to go to the court as our AST agreement had no sentence about what happens in the case of breaching the agreement.
I have looked at the court form for possession to fill in and it asks for an evidence of serving s21, which we served in person (we have a witness). Would a letter signed by the witness be enough as the evidence? (the witness lives in another room and is a tenant as well. They both were given the same but separate notices at the same time). We also had the police involved a number of times for nuisance behaviour. Should we include this as well as another reason to gain the possession?
Many thanks, I am worried to do it wrong...

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aimee2014-03-05 14:54:11

with my situation its as follows my landlady has had a notice come through about a week ago and i only found out today that next week my tenancy is terminated as the result of a reposession order but a week or even 2 weeks isnt enough time to find a property im only considered a lodger but surely the mortgage company who are reposessing the house i currently living in are doing this illegally reading that theres meant to be a 2 month notice

where do i stand in this matter considering next week i will be homeless thanks to the heartless people who gave my landlady a mortgage now wanting there money which from what i can gather is only 1 month in arrears and as shes now jobless and cant repay and im also currently unemployed and i went to the council but they refuse to put me in emergency accomodation! can i appeal? can i get the order delayed to help me find somewhere?

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Shan2014-03-15 18:34:17

I am the owner of a tenanted property which is overseen by a letting agent. The contract was signed approx 5 years ago and has become a rolling month by month contract. There is no deposit in place. I wish to have my property back as I wish to live there as I have sold my home and no where to live. The tenant receives 'child tax credit' and pays the agent on 20th of every month and I get the payment on the 30th of every month. She is not in any arrears. Can I serve her Section 21?

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stephanie2014-03-23 10:02:11

hi. i need some information asap. my landlord has posted me a section 21. he wants me out of the property. my tenency agreement has only just ran out. it was my first one. i am not in arrears with my rent. the only issue i can think of for him wanting me out is due to me asking him for the past 4 months when he will be fixing the property where he mentioned he would do when i signed the tenency agreement when i first moved in. what do i do? i been told to tell him to serve me with a section 8 and a section 10. should i do this? if not what should i do? i dont want to go i had no idea he was going to do this.

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julie2014-04-03 07:56:28

Im filling in a n5b form the resent type but dont understand page 2 qurestion 3 I have 2 Ast agreements do I cross a section out orleave in?

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Sanya2014-04-23 15:34:20

Question:
Hi Everyone,

I stumbled across this interesting website looking for an answer. I want to serve my tenant S21 but because it's an HMO and she pays rent every two weeks (in the contract states that she needs to pay either every two weeks or every 4 weeks) I am confused as which date I should put on the S21 as obviously if it goes to court then I need to put the correct date on for it to be valid. I will be greatful for any input or guidance.
I thank All in advance.
Sanya

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Sal2014-04-24 12:35:58

Hi I issued my tenant with a section 21 which expires next week she is refusing to leave on instruction by the council, however my living situation has changed and I have to move into my own property with my 3 children, she is still refusing to leave but I'm moving in regardless of if she's there or not, I won't be changing the locks, what is the worst that can happen to me?

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