Section 21 – Notice of Possession Order Form
27 Aug 2008
Under the Housing Act 1988, a landlord who has granted an assured shorthold tenancy has a legal right to get his/her property back at the end of the tenancy. For this to happen, the landlord is required to follow the correct legal procedure which includes service of a notice (under section 21 of the Housing Act 1988) on his/her tenant.
What is a section 21?
There are two types – a section 21(a) and a section 21(b). Section 21(a) is used to gain possession where the tenancy is periodic. Section 21(b) is used to gain possession where the tenancy is for a fixed term and the tenancy is at an end.
A tenancy becomes periodic when the end-period (stipulated in the contract) expires. In this case, the clauses in the contract still applies, but the contract runs on a monthly basis, aspposed to on an annual term.
The important point about section 21 is that it allows the landlord to evict their tenant as of right, even if they have been a perfect tenant and done everything they should.
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- eviction notice instead.
How much notice is required?
Section 21 of the Housing Act 1988 requires that the landlord provides tenants of an Assured Shorthold Tenancy (AST) with a minimum of two months’ notice in writing that he/she wants possession of the property.
Service Of Notice
A section 21 notice may be served by post or in person. The courts will recognise the day of postal service as the day on which the letter would normally have arrived. It is recommended that the sending of the notice is witnessed by a third party. If you decide to use the postal service, it is recommended that the notice be sent by recorded delivery and that a minimum of three working days is allowed for the notice to arrive.
A section 21 notice can be served at any time, provided the tenancy deposit has been protected and the property does not need an HMO license. The notice must,
- give the tenant not less than two months notice
- not end before the end of the fixed term (so if it is served towards the beginning of the term, the notice period can and should longer than two months)
- say it is served under section 21
Who do I address the notice to?
All the tenants must be named. As a precautionary measure, serve each individual tenant with a seperate notice. You should request that the tenants sign and return a copy to you.
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.
Download
Here’s a copy of the Section 21 – Notice of Possession Order Form I use with my tenants. Feel free to use it.
Section 21 – Notice of Possession Order Form
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Talk / 156 Comments left so far
Lisa wrote this on 2010-02-20 14:49:13
Alphagret321. Yes you can remeber to get a HIPS done first.
Christian, As long as none of you signed anything( if you did it would be classed as a resident Landlord agreement) If your agreement was verbal only then your Tenant is nothing more than a Lodger and has no legal rights to remain in your property if you have asked them to leave. You have already given a reasonable period of notice to leave therefore you have been very fair.
Your options
1, Change the locks and give them notice to collect their belongings.
2, You could call the police and inform them of the situation that you have asked them to leave and they still refuse and you want them out today, they will assist as it will be classed as trespassing.
Both options are drastic so be sure of your friendship before you go down this route.
Hope this helps.
Christian, As long as none of you signed anything( if you did it would be classed as a resident Landlord agreement) If your agreement was verbal only then your Tenant is nothing more than a Lodger and has no legal rights to remain in your property if you have asked them to leave. You have already given a reasonable period of notice to leave therefore you have been very fair.
Your options
1, Change the locks and give them notice to collect their belongings.
2, You could call the police and inform them of the situation that you have asked them to leave and they still refuse and you want them out today, they will assist as it will be classed as trespassing.
Both options are drastic so be sure of your friendship before you go down this route.
Hope this helps.
131
Yolande wrote this on 2010-02-28 16:46:20
I and my Husband have been given a section 21 notice of 2months from our landlord The national trust, we we not informed of any issues, and had a dispute with a neibour over her blocking the drive, she then faulse called the police lied to them and droped the charges after our landlord was informed they then served us the notice before getting our side of the story, all these allegaions are faulse, and she just has it in for us, what can we do as our rural agent is not returning our calls and is being very unprofesional he has lied to us and wont give us any help at all.
132
nicayla wrote this on 2010-03-13 00:46:45
hi could someone please give me some advice,
i have been served with a section 21 due to being a month behind (not all my fault) it was due to the agency not giving me my deposit on time to pay first months from a previous place i was renting with them (they stated in a letter it was fine to pay the first months rent with my previous deposit) but after 8 months of renting this new property i have only just got it back. a few months ago the landlord demanded the arrears but as a dss tenant i was waiting on my deposit to help me pay which was agree with my agency. as it was taking so long my landlord requested the agency to serve me with a section 21. this now runs out in a few days time but because im waiting on the council to re-house me i know they wont untill the landlord gets a possession order from the courts but i really dont want to be seen as a "bad tenant", im not a bad person at all and i actually think im a plesant tenant to have, i pay my rent on time always but its just this first months rent problem. going back to the section 21......after the date has ran out what will i need to do then? can i stop paying rent to get the courts to evict me quicker? i dont want to be here any longer then need be (i hate the landlord and the house, its moldy and damp, bathroom is leaking through to the kitchen which has caused a hole in the celing, kitchen units are falling apartetc....)
please can someone tell me what will happen after the section 21 is up and what rights do i have even though the section says i should of moved out? i dont want the agencies letting other tenants looking round the house disrespecting my things whilst im waiting to get an possession order from the courts. can i refuse letting tenants view the property?? any answers would be a massive help thankyou.
i have been served with a section 21 due to being a month behind (not all my fault) it was due to the agency not giving me my deposit on time to pay first months from a previous place i was renting with them (they stated in a letter it was fine to pay the first months rent with my previous deposit) but after 8 months of renting this new property i have only just got it back. a few months ago the landlord demanded the arrears but as a dss tenant i was waiting on my deposit to help me pay which was agree with my agency. as it was taking so long my landlord requested the agency to serve me with a section 21. this now runs out in a few days time but because im waiting on the council to re-house me i know they wont untill the landlord gets a possession order from the courts but i really dont want to be seen as a "bad tenant", im not a bad person at all and i actually think im a plesant tenant to have, i pay my rent on time always but its just this first months rent problem. going back to the section 21......after the date has ran out what will i need to do then? can i stop paying rent to get the courts to evict me quicker? i dont want to be here any longer then need be (i hate the landlord and the house, its moldy and damp, bathroom is leaking through to the kitchen which has caused a hole in the celing, kitchen units are falling apartetc....)
please can someone tell me what will happen after the section 21 is up and what rights do i have even though the section says i should of moved out? i dont want the agencies letting other tenants looking round the house disrespecting my things whilst im waiting to get an possession order from the courts. can i refuse letting tenants view the property?? any answers would be a massive help thankyou.
133
Aunty P wrote this on 2010-03-14 12:43:29
Nicayla
If the agency did agree to you paying your first months rent from the previous deposit then that was dumb and unprofessional. Did it really take 8 months to get it back? Sounds a bit unlikely.
Don't stop paying the rent. if you do then you really would become a bad tenant and if recovery action is taken would result in a bad credit rating. It won't make any difference to the length of time waiting for the court order to evict you either.
Keep the agency up to date reagarding progress with the council rehousing you.
You can refuse viewings but personally I would want the LA and LL on side so would keep the place nice and clean and tidy and allow them within reason. Don't forget you may need a reference from the LL or LA in the future.
All the best
If the agency did agree to you paying your first months rent from the previous deposit then that was dumb and unprofessional. Did it really take 8 months to get it back? Sounds a bit unlikely.
Don't stop paying the rent. if you do then you really would become a bad tenant and if recovery action is taken would result in a bad credit rating. It won't make any difference to the length of time waiting for the court order to evict you either.
Keep the agency up to date reagarding progress with the council rehousing you.
You can refuse viewings but personally I would want the LA and LL on side so would keep the place nice and clean and tidy and allow them within reason. Don't forget you may need a reference from the LL or LA in the future.
All the best
134
nicayla wrote this on 2010-03-14 16:38:27
hi aunty p, thanks for getting back to me so quickly. yes it deffinatly took me 8 months to get my deposit back from dps because the agency was trying to get it to take the house rent out that i owed (which they said was ok to do) they messed everything up and i ended up having to trace the deposit myself and it took eight months, 10 phone calls and 6 letters later...... and between all this going on the agency had the nerve to keep sending me letters demanding the money or that they will threaten me with section 21 which in the end the landord chose too 2 months ago even though i didnt get my deposit untill 3 weeks ago.
Im dreading the time i move because i know i will most likely have to fight for this deposit aswell =(
I dont understand how they can treat some of there tenants like this and get away with it....... ive been served with a section 21 due to my agencies fault and im getting the blame and stress because of it, if they said no in the first place none of this would be happening! ah well hopefully karma will pay them a visit sometime soon lol =).
The reason why i asked if i can refuse other tenants viewing the property is because now that its getting very close to the deadline when they do send me a letter saying that there is a veiwing at so and so time when they do come on that day after the people view the house and just as there leaving they say bye, close the door like they have gone but 2 mins later the agency walk back in uninvited just to tell me there is another viewing in 10 mins! they then go and stand in my kitchen like its no ones buisness and its really p**sing me off! are they allowed to do this? this has happened 3 times now and each time its the same man. he knows im a single mother of 2 under 2 and yet he keeps disrespecting me and my belongings. its so hard trying to keep the kids under control whilst they are here and for all they know in those two mins that they left the house, me thinking they have gone i could of jump in the shower or somthing and little do i know that they have unlocked the door and welcomed themselves in.
Next viewing is this monday i wont be suprised if he comes walking in, tells me 3 lot of viewings are taking place and whilst waiting he goes and helps himself to my food and drink. the whole company is so rude! i cant wait to go.
Im just thinking that if im going to be renting with the council i wont need a reference surely as they already know whats going on....?
also what rights do i have towards the house whilst im still here waiting to be re-housed? as im still paying rent is this still classified as "my home" because the way they treat me its like im a tramp thats squatting here and that my stuff is plublic property they way the agency move my belongings like its rubbish, its not even in their way may i add....and looking through the cupboards aswell......for what i dont know! i feel sorry for whoever rents this house after me with this agency.
Any other information or advice will be most appreciated thankyou.
Im dreading the time i move because i know i will most likely have to fight for this deposit aswell =(
I dont understand how they can treat some of there tenants like this and get away with it....... ive been served with a section 21 due to my agencies fault and im getting the blame and stress because of it, if they said no in the first place none of this would be happening! ah well hopefully karma will pay them a visit sometime soon lol =).
The reason why i asked if i can refuse other tenants viewing the property is because now that its getting very close to the deadline when they do send me a letter saying that there is a veiwing at so and so time when they do come on that day after the people view the house and just as there leaving they say bye, close the door like they have gone but 2 mins later the agency walk back in uninvited just to tell me there is another viewing in 10 mins! they then go and stand in my kitchen like its no ones buisness and its really p**sing me off! are they allowed to do this? this has happened 3 times now and each time its the same man. he knows im a single mother of 2 under 2 and yet he keeps disrespecting me and my belongings. its so hard trying to keep the kids under control whilst they are here and for all they know in those two mins that they left the house, me thinking they have gone i could of jump in the shower or somthing and little do i know that they have unlocked the door and welcomed themselves in.
Next viewing is this monday i wont be suprised if he comes walking in, tells me 3 lot of viewings are taking place and whilst waiting he goes and helps himself to my food and drink. the whole company is so rude! i cant wait to go.
Im just thinking that if im going to be renting with the council i wont need a reference surely as they already know whats going on....?
also what rights do i have towards the house whilst im still here waiting to be re-housed? as im still paying rent is this still classified as "my home" because the way they treat me its like im a tramp thats squatting here and that my stuff is plublic property they way the agency move my belongings like its rubbish, its not even in their way may i add....and looking through the cupboards aswell......for what i dont know! i feel sorry for whoever rents this house after me with this agency.
Any other information or advice will be most appreciated thankyou.
135
Aunty P wrote this on 2010-03-14 17:45:59
Nicayla, I'm really shocked about the way you say this agency is treating you. You have every right to refuse viewings. I would write the director of the LA a letter spelling out that you will not allow viewings and clearly state why. They should have a complaints procedure so you could ask for that as well.
Keep paying your rent though. That is seperate from your other issues and you could get taken to court if you don't.
As I said before keep them up to date with progress with the council. If you do this hopefully that will get them off your back. There's no point in them doing viewings if they dont know when the house will be available and as the council won't rehouse you without the court order that date is obviously not yet determined. If you continue to have problems I'd get help from Shelter or the local CAB.
ATB
Keep paying your rent though. That is seperate from your other issues and you could get taken to court if you don't.
As I said before keep them up to date with progress with the council. If you do this hopefully that will get them off your back. There's no point in them doing viewings if they dont know when the house will be available and as the council won't rehouse you without the court order that date is obviously not yet determined. If you continue to have problems I'd get help from Shelter or the local CAB.
ATB
136
nicayla wrote this on 2010-03-15 16:16:19
thankyou so much for your help aunty p =)
137
Lisa wrote this on 2010-03-15 21:55:27
Nicayla
I agree do keep paying your rent the Landlord can not get you out until it has gone to court and the court bailiffs are involved this can take a few months and unfotunatly the Council will not house you until you show them proof of a Court date. Some Councils will house you with just the first Court date letter so bailiffs may not have to be involved. The Landlord will have to pay all court costs but if you stop paying your rent, the Landlord can pass the court charges to you so do be aware that can result in a ccj.
You mentioned earlier that the house is not in a good state of repair, have you informed the Agents or Landlord of this? If so and complaints have been noted you will have a case yourself against the Landlord as they have a duty to keep the property in a good state of repair. In the revised 2004 Housing Act the goverment introduced a new levey that Local councils have the power to take a Landlord to court if the property is in disrepair. You can call your local Council and ask for the enviromental control/welfare department(you will normally find this in the front pages of the yellow pages) they will do a visit and an inventory of all the things that are wrong with the property then contact the Landlord giving them a time frame to get all repairs done. This can delay any court action for the possession order though so how badly do you want out of the property?.
Also I agree with the fact that there is no point in the Agent doing viewings they do not know how long this matter will take. I would point that out to them.
Have you spoke to the Landlord direct? I would be inclined to put everything in writing regarding the deposit ect, if you dont have the Landlords address, address it to the Landlord as private and confidential and post it recorded delivery to the Agents so they do not know its from you. The Agents are not allowed to open post for the Landlord so it sould get to them. Let the Landlord know how incompetent these Agents are.
I agree do keep paying your rent the Landlord can not get you out until it has gone to court and the court bailiffs are involved this can take a few months and unfotunatly the Council will not house you until you show them proof of a Court date. Some Councils will house you with just the first Court date letter so bailiffs may not have to be involved. The Landlord will have to pay all court costs but if you stop paying your rent, the Landlord can pass the court charges to you so do be aware that can result in a ccj.
You mentioned earlier that the house is not in a good state of repair, have you informed the Agents or Landlord of this? If so and complaints have been noted you will have a case yourself against the Landlord as they have a duty to keep the property in a good state of repair. In the revised 2004 Housing Act the goverment introduced a new levey that Local councils have the power to take a Landlord to court if the property is in disrepair. You can call your local Council and ask for the enviromental control/welfare department(you will normally find this in the front pages of the yellow pages) they will do a visit and an inventory of all the things that are wrong with the property then contact the Landlord giving them a time frame to get all repairs done. This can delay any court action for the possession order though so how badly do you want out of the property?.
Also I agree with the fact that there is no point in the Agent doing viewings they do not know how long this matter will take. I would point that out to them.
Have you spoke to the Landlord direct? I would be inclined to put everything in writing regarding the deposit ect, if you dont have the Landlords address, address it to the Landlord as private and confidential and post it recorded delivery to the Agents so they do not know its from you. The Agents are not allowed to open post for the Landlord so it sould get to them. Let the Landlord know how incompetent these Agents are.
138
nicayla wrote this on 2010-03-17 10:39:49
thankyou lisa and aunty p for some great advice.
the landord is aware of the state of the house, he sent a few people over to look at the bathroom etc... but for months nothing was done. now that he has served me with section 21 he sent his builder to tell me that the bathroom will be re-done with a new suite etc... but because im going anyway and that i have two very young children i ask the builder and let the agency know that i would rather them wait untill i vacate the property as i dont want to be packing whilst they were ripping the bathroom out and for my kids to be inhailing the dust from it all.
the landlord actually currently lives in america from what i know and recently i was told that he was coming to meet with the agency to decuss all matters and my mum as she is garentor she asked very nicely if the landlord could come round to his property to see the state for himself and to come to some sort of agreement (this was before being served with section 21) but apparently the next day he flew back to america?? i dont know if he actually came over or not but if he did, what kind of example is he setting? he should want to see his house and whats happening to it. that just shows me that hes not interested what happens he just wants me to go so someone else can start renting. even his builder let out a comment and said "its just not good enough doing little bits and bobs because by doing it the lazy way hes causing more cost for himself, i dont understand why people cut corners".
another issue is the mould. this property only has little eletric heaters and no heating in the kitchen or bathroom so with having very cold weather the condensation was really bad and the mould grew in patches all over ceilings, all the way up the walls and behind wardrobes. i tried cleaning off what i can and the agency had a cheek to tell me that it was my fault its this bad and that i should of kept on top of it.....firstly i was heavily pregnant! they knew the reason i moved out of the previous property beacuse i needed somewhere bigger as i was 4 months pregnant so by the time the mould started to appear i was around 6 months pregnant so they expected me to be standing on things to scrub a stupid ceiling lol. well at least now i can learn from this experience and now know what to look out for. im more upset with things ive lost, i had to throw out loads of clothes and shoes, baskets that are woven with a grassey material, i had to buy a new moses basket for my baby due to all the mould catching onto my things and my brown leather sofa has green patches of mould all up the back where it was close to the wall. its so horrible! i have never experienced this in my life errgghh.
so if i just say to them look i would rather you hold the veiwings back untill i know when im getting re-housed what will they say to that? i dont mind people viewing but with them its almost everyday with a couple of viewings each time. i now fully understand the meaning when someone invades your privacy, its not a nice feeling =(
when i did ring the agency to let them know that the council wont re-house me till the landlord gets a possession order they were quick to say well it will give you back credit aswell you know. i just replied like look im sorry but i have no other choice, i dont want to be going through this either but they were to busy trying to point score to listen to what i got to say which i think is very unprofessional on there part. its funny how being on h/b changes peoples views, when i was renting a previous property with them everything was fine but as soon as i had to go on h/b when my first was born i think they think im stupid or something like ive lost my brain?? but they dont think that before i had my children ive been working full time and was probably getting paid more then some of them lol =p
i dont think it will make any difference contacting the landlord from what i gather hes just as rude and arrogant as the agency are but i suppose it wont do any harm in trying though.
i will let you know how i get on.
thanks again =)
the landord is aware of the state of the house, he sent a few people over to look at the bathroom etc... but for months nothing was done. now that he has served me with section 21 he sent his builder to tell me that the bathroom will be re-done with a new suite etc... but because im going anyway and that i have two very young children i ask the builder and let the agency know that i would rather them wait untill i vacate the property as i dont want to be packing whilst they were ripping the bathroom out and for my kids to be inhailing the dust from it all.
the landlord actually currently lives in america from what i know and recently i was told that he was coming to meet with the agency to decuss all matters and my mum as she is garentor she asked very nicely if the landlord could come round to his property to see the state for himself and to come to some sort of agreement (this was before being served with section 21) but apparently the next day he flew back to america?? i dont know if he actually came over or not but if he did, what kind of example is he setting? he should want to see his house and whats happening to it. that just shows me that hes not interested what happens he just wants me to go so someone else can start renting. even his builder let out a comment and said "its just not good enough doing little bits and bobs because by doing it the lazy way hes causing more cost for himself, i dont understand why people cut corners".
another issue is the mould. this property only has little eletric heaters and no heating in the kitchen or bathroom so with having very cold weather the condensation was really bad and the mould grew in patches all over ceilings, all the way up the walls and behind wardrobes. i tried cleaning off what i can and the agency had a cheek to tell me that it was my fault its this bad and that i should of kept on top of it.....firstly i was heavily pregnant! they knew the reason i moved out of the previous property beacuse i needed somewhere bigger as i was 4 months pregnant so by the time the mould started to appear i was around 6 months pregnant so they expected me to be standing on things to scrub a stupid ceiling lol. well at least now i can learn from this experience and now know what to look out for. im more upset with things ive lost, i had to throw out loads of clothes and shoes, baskets that are woven with a grassey material, i had to buy a new moses basket for my baby due to all the mould catching onto my things and my brown leather sofa has green patches of mould all up the back where it was close to the wall. its so horrible! i have never experienced this in my life errgghh.
so if i just say to them look i would rather you hold the veiwings back untill i know when im getting re-housed what will they say to that? i dont mind people viewing but with them its almost everyday with a couple of viewings each time. i now fully understand the meaning when someone invades your privacy, its not a nice feeling =(
when i did ring the agency to let them know that the council wont re-house me till the landlord gets a possession order they were quick to say well it will give you back credit aswell you know. i just replied like look im sorry but i have no other choice, i dont want to be going through this either but they were to busy trying to point score to listen to what i got to say which i think is very unprofessional on there part. its funny how being on h/b changes peoples views, when i was renting a previous property with them everything was fine but as soon as i had to go on h/b when my first was born i think they think im stupid or something like ive lost my brain?? but they dont think that before i had my children ive been working full time and was probably getting paid more then some of them lol =p
i dont think it will make any difference contacting the landlord from what i gather hes just as rude and arrogant as the agency are but i suppose it wont do any harm in trying though.
i will let you know how i get on.
thanks again =)
139
Zena wrote this on 2010-03-29 12:26:09
Hi there.
I've read the posts with interest - thank you. I'm the accidental type landlord that has caused so much despair, I'm afraid. It's all coming together now, and I am trying to sort out belonging to a landlords' association, BUT in the meantime, I want to evict one tenant out of a number who rent rooms independently in a HMO that I own. He has been in the house for over six months, but has never had a written contract, for various reasons. There are no problems with his monthly rent, and his deposit is lodged in a proper scheme, and I'd like to give him a Section 21(4)a Notice, by virtue of his periodic tenancy. In Posts 5, 21 and 68, Jools and the Landlord seem to suggest that the lack of written agreement is not an issue. However, in Post 26, Jools seems to disagree with himself. Have I misunderstoood this, please? I am confident with the dates and the wording, but don't want to risk getting it wrong and having to wait another month to issue a new Notice.
I have one other question, too. I'm sure that I've read that I don't have to give a reason for requiring possession under Section 21. Is this correct, please? I'd rather not give a reason, as I feel that this would be inflammatory and he may give me or the other tenants a hard time for the remaining two months if I'm pressed to give one...
Many thanks for any advice that you can offer.
Z
I've read the posts with interest - thank you. I'm the accidental type landlord that has caused so much despair, I'm afraid. It's all coming together now, and I am trying to sort out belonging to a landlords' association, BUT in the meantime, I want to evict one tenant out of a number who rent rooms independently in a HMO that I own. He has been in the house for over six months, but has never had a written contract, for various reasons. There are no problems with his monthly rent, and his deposit is lodged in a proper scheme, and I'd like to give him a Section 21(4)a Notice, by virtue of his periodic tenancy. In Posts 5, 21 and 68, Jools and the Landlord seem to suggest that the lack of written agreement is not an issue. However, in Post 26, Jools seems to disagree with himself. Have I misunderstoood this, please? I am confident with the dates and the wording, but don't want to risk getting it wrong and having to wait another month to issue a new Notice.
I have one other question, too. I'm sure that I've read that I don't have to give a reason for requiring possession under Section 21. Is this correct, please? I'd rather not give a reason, as I feel that this would be inflammatory and he may give me or the other tenants a hard time for the remaining two months if I'm pressed to give one...
Many thanks for any advice that you can offer.
Z
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Jools wrote this on 2010-03-29 13:52:46
Hi Zena - Ummmmmmmmm!
See what you mean! I think what I was trying to say was that even though an AST was not signed a contract was still implied due to the fact that the Landlord had been receiving rent for a place to stay and that the tenant was using said place to stay as their home.
Whether a court would agree with this assumption and allow a section 21 to be issued I have no idea. This is where everything gets so complicated and I and The Landlord urge people to take proper legal advice before acting on suggestions made here. You should be careful that your reason for wanting the tenant out could not be construed as discriminitory (ie he smells, smokes, black, white, gay etc. I really would take some proper advice as the Magistrate/Judge will have no hesitation in throwing out the application if anything is wrong with it.
Let us know how you get on.
Jools
See what you mean! I think what I was trying to say was that even though an AST was not signed a contract was still implied due to the fact that the Landlord had been receiving rent for a place to stay and that the tenant was using said place to stay as their home.
Whether a court would agree with this assumption and allow a section 21 to be issued I have no idea. This is where everything gets so complicated and I and The Landlord urge people to take proper legal advice before acting on suggestions made here. You should be careful that your reason for wanting the tenant out could not be construed as discriminitory (ie he smells, smokes, black, white, gay etc. I really would take some proper advice as the Magistrate/Judge will have no hesitation in throwing out the application if anything is wrong with it.
Let us know how you get on.
Jools
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Charles wrote this on 2010-03-30 11:28:43
I served a Section 21 properly for tenant to leave 12th December. he didnt go and said he would leave in a month if I agreed he could stay. On 14th Dec I wrote to agree his request and allow him to stay til 12th Jan. Right after this he verbally told me he could not now leave as agreed. So on 18th Dec I started an APP. I won ans d was awarded costs although tenant had departed by 20th Jan. But tenant appealed costs and won. Judge said because I agreed an exctra month that my original section 21 was invalidated and I would have needed to start again. Is this right?
Also because I started the APP during the tenancy I was wrong - started on 18th Dec when extra month given ran until 12th Jan. But he had told me aftre thsi agreement it was all changing. Advice here welcome for future... Chas
Also because I started the APP during the tenancy I was wrong - started on 18th Dec when extra month given ran until 12th Jan. But he had told me aftre thsi agreement it was all changing. Advice here welcome for future... Chas
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Jools wrote this on 2010-03-30 11:36:42
Charles,
as soon as you said he could stay longer you invalidated the section 21. Sorry
Jools
as soon as you said he could stay longer you invalidated the section 21. Sorry
Jools
143
Mark Munch wrote this on 2010-04-21 00:42:23
Hi lurkers and The Landlord (who I bet is regretting having to read all these comments over the years!)
I have another fun tricky question about dates and the validity of a section 21(a) notice. The AST contract states (NB the end date):
Fixed term period of: 6 Months
From and including: 5 March 2009 to 5 September 2009
Attached to the contract is a seemingly valid section 21 notice, signed & issued on the day of commencement of the tenancy. However, the notice expiry date is stipulated as:
Date of expiry: after: 04/09/2009
The tenant is still the current occupier. I have 2 observations I'm trying to confirm:
1) The tenant has been resident & paying rent for over 6 months after section 21 expiry, with full knowledge and permission of the landlord / agents. Yet this does not appear to constitute a statutory periodic tenancy due to section 21. Does the tenant actually have any rights?
2) Isn't the section 21 notice invalidated due to the fixed term end date above? Does the end date take precedence over the "period of 6 months"? In which case, does Section 5, Paragraph (5) of the Housing Act 1988 apply?
Very interested (and thankful) to hear any interpretations of this!
I have another fun tricky question about dates and the validity of a section 21(a) notice. The AST contract states (NB the end date):
Fixed term period of: 6 Months
From and including: 5 March 2009 to 5 September 2009
Attached to the contract is a seemingly valid section 21 notice, signed & issued on the day of commencement of the tenancy. However, the notice expiry date is stipulated as:
Date of expiry: after: 04/09/2009
The tenant is still the current occupier. I have 2 observations I'm trying to confirm:
1) The tenant has been resident & paying rent for over 6 months after section 21 expiry, with full knowledge and permission of the landlord / agents. Yet this does not appear to constitute a statutory periodic tenancy due to section 21. Does the tenant actually have any rights?
2) Isn't the section 21 notice invalidated due to the fixed term end date above? Does the end date take precedence over the "period of 6 months"? In which case, does Section 5, Paragraph (5) of the Housing Act 1988 apply?
Very interested (and thankful) to hear any interpretations of this!
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Mark Munch wrote this on 2010-04-21 00:49:41
(When I say "with full knowledge and permission of the landlord / agents", I mean implicit permission. They have continued accepting rent, are in regular telephonic and written contact with the tenant, and even perform repairs and upkeep, although I don't believe they have officially agreed upon anything regarding the future of the tenancy)
145
Noodles wrote this on 2010-06-10 19:57:07
Hi
I rent out my property to a girl who has help to pay the rent from the DSS (think that's what it is called). Everything was fineuntil the mortgage intrest rate went up and I told her I wanted to sell the property. When I had the house valued and the HIPS pack done, I saw that the house was very dirty and the estate agent said it couldn't be marketed in its current state. The tennant did not sign a new 6 months contract and is on a month to month contract. I can't sell the property as it is and so have served a s21 which gives her up to 16th August to leave. She is behind on her rent and is refusing to allow anyone in to the house to either view or check gas etc. Where do I stand on having access to the house for viewings as the Assured Shorthold Tenancy Agreement for letting a residential dwelling states that she must allow access in the last 2 months when given 24 hours notice in writing. Is this right?
Plase help
Noodles.
I rent out my property to a girl who has help to pay the rent from the DSS (think that's what it is called). Everything was fineuntil the mortgage intrest rate went up and I told her I wanted to sell the property. When I had the house valued and the HIPS pack done, I saw that the house was very dirty and the estate agent said it couldn't be marketed in its current state. The tennant did not sign a new 6 months contract and is on a month to month contract. I can't sell the property as it is and so have served a s21 which gives her up to 16th August to leave. She is behind on her rent and is refusing to allow anyone in to the house to either view or check gas etc. Where do I stand on having access to the house for viewings as the Assured Shorthold Tenancy Agreement for letting a residential dwelling states that she must allow access in the last 2 months when given 24 hours notice in writing. Is this right?
Plase help
Noodles.
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Aunty P wrote this on 2010-06-11 09:37:55
Hi Noodles, unfortunately, even though the clause is in the TA you can't impose viewings if the tenant refuses access. It may be worth offering a financial incentive to compensate her for the disruption. This could be a rent free period or a payment part in advance and part on vacation. If that doesn't work then you'll have to be patient and wait until she vacates. From what you said it may be hard to sell anyway if she isn't keeping it well. At least once she's gone you can get it into a saleable state and hopefully get a quick sale.
Even looking at it from a good co-operative tenants point of view, if the house attracts viewings but doesnt sell quickly its pretty inconvenient to have to be ready to open your home to strangers at 24 hours notice so compensation often does the trick.
On the safety checks side there is some sound advice on this link. I'd follow it to the letter if I were in your shoes.
http://www.landlordzone.co.uk/gas_safety.htm
Your tenant sounds like she just doesn't care but you need to keep your cool and don't get into a situation where you could be accused of harrassment or bullying.
Hope that's helpful and good luck.
Even looking at it from a good co-operative tenants point of view, if the house attracts viewings but doesnt sell quickly its pretty inconvenient to have to be ready to open your home to strangers at 24 hours notice so compensation often does the trick.
On the safety checks side there is some sound advice on this link. I'd follow it to the letter if I were in your shoes.
http://www.landlordzone.co.uk/gas_safety.htm
Your tenant sounds like she just doesn't care but you need to keep your cool and don't get into a situation where you could be accused of harrassment or bullying.
Hope that's helpful and good luck.
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Twattybollocks wrote this on 2010-06-11 09:48:25
Noodles:
Gas safety checks are a legal reqirement and a safety critical issue and as such you do not require her permission to enter for this purpose especially if you have given the minimum notice. If you do anything else in there though you could be deemed to have trespassed.
As for the clause - if she has signed the AST stating that access will be needed for viewings in the last two months etc then she should really comply BUT 24hrs notice is the MINIMUM and really you should be giving as much notice as you can - you are afterall disturbing her quiet enjoyment. How would you like strangers looking around your property at 24 hours notice?
Beware - if you even ask your tenant to clear up you could be deemed to be in breach of their quiet enjoyment as stuipd as it seems. If they wish to live in a sty then it is their house and not yours until you get posession back! Crazy but true!
I agree with Aunty P (!) jaw jaw is better than war war! Speak to your tenant and explain why you need access etc. Offer her money but ask for a receipt (it is a business after all) - if she is on benefits the income may affect her benefits!
Hope this helps too.
TB
Gas safety checks are a legal reqirement and a safety critical issue and as such you do not require her permission to enter for this purpose especially if you have given the minimum notice. If you do anything else in there though you could be deemed to have trespassed.
As for the clause - if she has signed the AST stating that access will be needed for viewings in the last two months etc then she should really comply BUT 24hrs notice is the MINIMUM and really you should be giving as much notice as you can - you are afterall disturbing her quiet enjoyment. How would you like strangers looking around your property at 24 hours notice?
Beware - if you even ask your tenant to clear up you could be deemed to be in breach of their quiet enjoyment as stuipd as it seems. If they wish to live in a sty then it is their house and not yours until you get posession back! Crazy but true!
I agree with Aunty P (!) jaw jaw is better than war war! Speak to your tenant and explain why you need access etc. Offer her money but ask for a receipt (it is a business after all) - if she is on benefits the income may affect her benefits!
Hope this helps too.
TB
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Lozzey wrote this on 2010-06-15 08:33:10
Hi am very confused and feeling totally harrassed i have notice to quit s21 for 30th june landlord did not give this to us til 4th may .We have gone to local council and been told to say as we require eviction notice befor we have to leave. We where advised from agents that although this was a standard 6mth contract the landlord was looking to let long term (verbally) as if we had known it was just 6mths we would not have taken it.We have now found out it was always his plan just to let for 6 mths as he bought the house for his parents who are south african and was awaiting there visas ect. He has been constantly calling the agents who have then been calling us what feels like every 10 mins he is threatening to lay all his costs(£300 per day storage) at our door as he has a container full of his parents belonging arriving on the 12 july also telling us his mother is ill and may not even be around if he has to wait any longer. We have points just last week with the council to bid for properties but there only being 3 available at 90 people bidding on them we are not in the running for getting them.Now yesturday he informs us that we will get a ccj against us if he goes to court for eviction and incur the cost is this true ? would the coucil let this happen to people? Also we had raeson to have the toliet repairsed by agents plumber as it did not flush plumber came banged about went away flush still didnt work then noticed a leek informed agents of leak they toomk 4 attempts to come look at it thought it was a new plumbere turned out it was my landlord incogneato who gained entrance to our home and look a toliet to find out that plumber had cracked the system 2 weeks later landlord came round introduced himself and told us he believe the agents plumber had broke the system and told us it was not our fault. He is now offering us desposit back plus 1 month rent back and no more said about toilet if we move out by the 30th .If not he will pin toilet on us and is threatening to sue us for all his expenses. We are good tenants always pay our rent on time home is kept in very good order am feeling very hard done to and feel like mt landlord is bullying me i am a disabled woman with mental health problems self harming and suicidal tendencies and i just cant cope with this am getting urgies to self harm Please what can i do what is the way forward for me
Lozzey
Lozzey
149
eclipse wrote this on 2010-06-16 22:28:31
help, no-one seems to agree what date goes on section 21, my tenants contract started 7th june 09 for six months, so do i put 6th or 7th date to leave, section 21 says 'after' so i put 7th as this is start date and payment date but think it may be the 6th i should have put,
150
Ariana Williams wrote this on 2010-07-11 19:00:56
There seems to be a few anti-dss people on here which I find offensive! I have been a private tenant on and off for many years now. Only one landlord has been truly good, knew the laws and knew about how housing benefit systems work.
My current landlord has issued me with a section 21 which expirs 24/7/10. I am on HB so am at least 1 month in arrears as they pay in arrears. I cannot pay it myself & sometimes you can not always pay on time.
My current landlord wants to sell hence the notice. My problem is that I have just done final exams do have only had 2 months to really search for another property. I have tried through the council but they don't care. I have a hunch they will tell me to wait for a possession order which is unfair on the landlord and me but I cant go as I have yet to secure another property. I dont have the funds and cant get help (You all seem a bit misguided about the help we get!!). I can't go with agents as they cost too much and I need the deposit back to secrue another property. Despite my dss status (Due to ill health. I have spent several years trying to do a PT degree while dealing with health issues) and having a serious lack of funds: I always make sure the property is transformed back to its original status. I have re-painted the walls,including filling in holes left by pictures, replaced anything broken and even paid for new carpets (Despite normal wear and tear being allowed). These funds should be used to secure another property but if I left the property in disrepair, the landlord would get the wrong impression on DSS tenants. I also have a dog btw, well behaved and trained.
As I am single and 34 yrs old, I am not considered a council priority. They will probably tell me to wait for possession but I did not want this! It makes me look bad, the landlord will have to pay more money and this will make relations awkward. He wants to sell this property (It was, it appears, a short time investment so he could eventually sell and move to Oz), so I am expected to move. In my circumstances, this is not so easy and it is not helpful when landlord forums constantly slag off DSS people! We often do not chose to be where we are: the councils around the country sold off many council properties so now there is a shortage: we have to go private but the system makes it harder. I AM a good tenant but the system does not work with me. What I am supposed to tell the landlord? Don't sell, let me stay here until I find another property in the meantime, you will have to accept how the HB dept pay you!! Dont think he wold agree somehow!
My current landlord has issued me with a section 21 which expirs 24/7/10. I am on HB so am at least 1 month in arrears as they pay in arrears. I cannot pay it myself & sometimes you can not always pay on time.
My current landlord wants to sell hence the notice. My problem is that I have just done final exams do have only had 2 months to really search for another property. I have tried through the council but they don't care. I have a hunch they will tell me to wait for a possession order which is unfair on the landlord and me but I cant go as I have yet to secure another property. I dont have the funds and cant get help (You all seem a bit misguided about the help we get!!). I can't go with agents as they cost too much and I need the deposit back to secrue another property. Despite my dss status (Due to ill health. I have spent several years trying to do a PT degree while dealing with health issues) and having a serious lack of funds: I always make sure the property is transformed back to its original status. I have re-painted the walls,including filling in holes left by pictures, replaced anything broken and even paid for new carpets (Despite normal wear and tear being allowed). These funds should be used to secure another property but if I left the property in disrepair, the landlord would get the wrong impression on DSS tenants. I also have a dog btw, well behaved and trained.
As I am single and 34 yrs old, I am not considered a council priority. They will probably tell me to wait for possession but I did not want this! It makes me look bad, the landlord will have to pay more money and this will make relations awkward. He wants to sell this property (It was, it appears, a short time investment so he could eventually sell and move to Oz), so I am expected to move. In my circumstances, this is not so easy and it is not helpful when landlord forums constantly slag off DSS people! We often do not chose to be where we are: the councils around the country sold off many council properties so now there is a shortage: we have to go private but the system makes it harder. I AM a good tenant but the system does not work with me. What I am supposed to tell the landlord? Don't sell, let me stay here until I find another property in the meantime, you will have to accept how the HB dept pay you!! Dont think he wold agree somehow!
151
Ariana Williams wrote this on 2010-07-11 19:11:57
Firstly, sorry about mistakes in my post: The computer is playing up!
@ Lozzie.
This is harrassment and not permitted. If you can get your landlord to get anything in writing, contact a solicitor! Even so, get one anyway! There is very little help out there. Councils dont care. I'm with north Somerset housing and they keep fobbing me off, looking for errors in everything the landlord does! All I want is to be able to bid for a property and not be 100th in line despite impending homelessness! So far, the council have only put properties on the bidding forum that are unsuitable for me anyway (Sheltered/warden/over 55's). I have even sent a barrage of complaints and letters to MP's etc over the issue of social housing/HB claimaints and DSS. The HB dept do not pay on time and pay over a 13 month year in arrears so any person on DSS will have to pay their rent this way.
It matter not if you are good or not: I am law abiding, have health probs, have tried to better myself and have been a good tenant now and before yet this means nothing. If they want you out, you have to go...landlords are not charity cases & neither are the council. No-one cares. I hope people on these pages don't end up in similar positions!
@ Lozzie.
This is harrassment and not permitted. If you can get your landlord to get anything in writing, contact a solicitor! Even so, get one anyway! There is very little help out there. Councils dont care. I'm with north Somerset housing and they keep fobbing me off, looking for errors in everything the landlord does! All I want is to be able to bid for a property and not be 100th in line despite impending homelessness! So far, the council have only put properties on the bidding forum that are unsuitable for me anyway (Sheltered/warden/over 55's). I have even sent a barrage of complaints and letters to MP's etc over the issue of social housing/HB claimaints and DSS. The HB dept do not pay on time and pay over a 13 month year in arrears so any person on DSS will have to pay their rent this way.
It matter not if you are good or not: I am law abiding, have health probs, have tried to better myself and have been a good tenant now and before yet this means nothing. If they want you out, you have to go...landlords are not charity cases & neither are the council. No-one cares. I hope people on these pages don't end up in similar positions!
152
Sallie wrote this on 2010-07-20 18:15:39
I hope that someone on here could help me please?
In December last year, I moved into a property that is owned by an inlaw of my sister. When I moved in the previous tenant had not looked after the property very well and we spent at least 3 days cleaning it before we could move in. The carpets in the property were a bit beyond cleaning, in fact they were quite badly stained with cat urine and poo! The landlady told us that by February she would have them all replaced...February came and went and we heard nothing off her, I had to contact her in April with regards to a damp problem in the kitchen and at the same I got a quote for the carpets (I know a bit cheeky, but we were getting a bit peeved by this point) The landlady told me that she just couldn't afford new carpets and I would have to now wait until June (when my tenancy was due for renewal) and fair enough she was true to her word (well sort of) she called me and said that she would like to gain access to the property to measure up the dinning room, which by all means was the worse affected, so I agreed, but I also questioned her about the other rooms and especially the stairs, where the carpet was now coming away and was a danger especially to my children. With this she threw a paddy, that my two year old would be proud of and proceeded to tell me in no uncertain terms that if I didnt like it, then she would serve us with notice and that we could find somewhere else to live.
What followed was a torrent of abuse and harassment by the landlady (indirectly) and her family, which included a lot of nasty things said about me and my family on a social network site, voicemails and text messages. Then the solicitors letters started along with the section 21, which was served to me on the 22nd of June (my tenancy agreement ended on the 28/06/10). I have been in touch with my local council housing and they have said it will take a minimum of eight weeks just to process my housing claim, they also put me in touch with a strategic housing officer, who has miss-informed us every step of the way. For example I asked him now we have been served notice and my tenancy agreement had come to an end how do I go about paying my rent and he said that it would be perfectly fine for me to pay just for the amount of time I continued to live at the property! The landlady has now passed all responsibility for the house back to her mother and she has dug her heels in and is now taking us to court because she says the rent is late (only by 3weeks as yet) but I am, as I have always said to her solicitors, going to pay it at the end of the month, ie for the amount of time I have lived there.
I have read a few of the comments on here and am I correct in thinking that if I leave here on the 27th Aug (when the s21 expires) then I will be making myself homeless? and do I really have to wait until I receive an eviction notice form the courts, before the council will house me?
Btw I have a two year old girl, a 13 yr old son and a dog :)
I know its long winded but if anyone has any advice for me then it would be much appreciated thank you
In December last year, I moved into a property that is owned by an inlaw of my sister. When I moved in the previous tenant had not looked after the property very well and we spent at least 3 days cleaning it before we could move in. The carpets in the property were a bit beyond cleaning, in fact they were quite badly stained with cat urine and poo! The landlady told us that by February she would have them all replaced...February came and went and we heard nothing off her, I had to contact her in April with regards to a damp problem in the kitchen and at the same I got a quote for the carpets (I know a bit cheeky, but we were getting a bit peeved by this point) The landlady told me that she just couldn't afford new carpets and I would have to now wait until June (when my tenancy was due for renewal) and fair enough she was true to her word (well sort of) she called me and said that she would like to gain access to the property to measure up the dinning room, which by all means was the worse affected, so I agreed, but I also questioned her about the other rooms and especially the stairs, where the carpet was now coming away and was a danger especially to my children. With this she threw a paddy, that my two year old would be proud of and proceeded to tell me in no uncertain terms that if I didnt like it, then she would serve us with notice and that we could find somewhere else to live.
What followed was a torrent of abuse and harassment by the landlady (indirectly) and her family, which included a lot of nasty things said about me and my family on a social network site, voicemails and text messages. Then the solicitors letters started along with the section 21, which was served to me on the 22nd of June (my tenancy agreement ended on the 28/06/10). I have been in touch with my local council housing and they have said it will take a minimum of eight weeks just to process my housing claim, they also put me in touch with a strategic housing officer, who has miss-informed us every step of the way. For example I asked him now we have been served notice and my tenancy agreement had come to an end how do I go about paying my rent and he said that it would be perfectly fine for me to pay just for the amount of time I continued to live at the property! The landlady has now passed all responsibility for the house back to her mother and she has dug her heels in and is now taking us to court because she says the rent is late (only by 3weeks as yet) but I am, as I have always said to her solicitors, going to pay it at the end of the month, ie for the amount of time I have lived there.
I have read a few of the comments on here and am I correct in thinking that if I leave here on the 27th Aug (when the s21 expires) then I will be making myself homeless? and do I really have to wait until I receive an eviction notice form the courts, before the council will house me?
Btw I have a two year old girl, a 13 yr old son and a dog :)
I know its long winded but if anyone has any advice for me then it would be much appreciated thank you
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Ariana Williams wrote this on 2010-07-20 18:34:58
Sallie:
Everything thing that has been done is ilegal by the landlord. I assume you still have a copy of your tenancy ageement?
Take eveything you have and contact a solicitor or CAB, who will also help you. If the section 21 gave you 2 months notice from the end of your tenancy, then it is ilegal and has to be re-issued. Then, the landlord will have to apply for an eviction which could take a while. As the landlord did not undertake vital repair work which was hazardous to health, you could take her to court over that as they are duty bound (legally bound) to do so. There are no grounds to evict you with re to rent arrears as you have to be over 2 months in arrears. I really do urge you to seek a solicitor over this. You can get legal aid if low income. You will have more luck with the council than me as you have children! DO NOT MOVE UNLESS INSTRUCTED TO DO SO BY THE COURTS!! Section 21 are fancy notices to quit and NOT evition notices. Write a letter to the landlord informing her of everything the law states and that eveything she has done is ilegal; also inform her you will be involing solicitors and maybe suing her over the unsanitary conditions. It seems harsh, but you cant let people like that get away with it whether family or not. There are laws and these need to be obeyed!
Everything thing that has been done is ilegal by the landlord. I assume you still have a copy of your tenancy ageement?
Take eveything you have and contact a solicitor or CAB, who will also help you. If the section 21 gave you 2 months notice from the end of your tenancy, then it is ilegal and has to be re-issued. Then, the landlord will have to apply for an eviction which could take a while. As the landlord did not undertake vital repair work which was hazardous to health, you could take her to court over that as they are duty bound (legally bound) to do so. There are no grounds to evict you with re to rent arrears as you have to be over 2 months in arrears. I really do urge you to seek a solicitor over this. You can get legal aid if low income. You will have more luck with the council than me as you have children! DO NOT MOVE UNLESS INSTRUCTED TO DO SO BY THE COURTS!! Section 21 are fancy notices to quit and NOT evition notices. Write a letter to the landlord informing her of everything the law states and that eveything she has done is ilegal; also inform her you will be involing solicitors and maybe suing her over the unsanitary conditions. It seems harsh, but you cant let people like that get away with it whether family or not. There are laws and these need to be obeyed!
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Ariana Williams wrote this on 2010-07-20 18:37:53
I meant to say if the section 21 was not dated/issued AFTER the end of your tenancy and does not give 2 months after the tenancy expiration...then it is ilegal. It is legal if it was dated from the end of the tenancy and gives 2 months notice (to quit).
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Sallie wrote this on 2010-07-20 19:41:14
thank you for your advice. The s21 was issued on the 22nd June and my tenancy agreement ran out on the 28th June, the notice said that I had until the the 27th August. I am so confused :S
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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
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