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 serving a Section 21 is that it allows the landlord to repossess their property as of right- this means the tenant isn’t being evicted, but the landlord wants his/her property back. Please note, if you want possession during the fixed term then it can only be obtained if there any grounds for eviction or if the tenancy agrees to surrender the tenancy. In this case, a Section 21 notice may not be appropriate. Use a Section 8- notice to quit instead. For further information, you may want to refer to the Difference between Section 8 and Section 21 Notice article

When can I serve a section 21 notice?
  • 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, but only on the basis that the tenant has breached grounds for eviction.
  • If a deposit is taken, it must be registered with a tenancy deposit scheme, and the prescribed information must be served before serving a section 21 notice.

    If the deposit is not protected then return the deposit back to the tenant either in full or with agreed deductions. If the deposit is in a scheme but the prescribed information has not been served, serve the prescribed information before serving the section 21 notice. The prescribed information is key information relating to the deposit protection including details about the deposit, the scheme used to protect it, instructions about disputes and key contact information. More details about the prescribed information here

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
  • when a deposit is taken and secured, but the prescribed information relating the tenancy is not given to the tenant. This is key information relating to the deposit protection including details about the deposit, the scheme used to protect it, instructions about disputes and key contact information.
  • 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

269 Comments- join the conversation...

Showing 219 - 269 comments (out of 269)
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Rustyfd 24th October, 2011 @ 16:07

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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WOZZA 1st November, 2011 @ 22:07

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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Benji 1st November, 2011 @ 22:38

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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Cardifflandlord 2nd November, 2011 @ 09:31

@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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leekee 15th November, 2011 @ 10:17

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 arora 17th November, 2011 @ 10:13

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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linda 11th January, 2012 @ 20:20

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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Jeremy 11th January, 2012 @ 21:46

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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linda 11th January, 2012 @ 22:52

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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Jeremy 11th January, 2012 @ 23:37

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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Alistair 19th January, 2012 @ 11:03

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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Penny 22nd January, 2012 @ 10:54

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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Benji 22nd January, 2012 @ 14:28

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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Benji 22nd January, 2012 @ 14:44

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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paula 24th January, 2012 @ 21:08

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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Jeremy 1st February, 2012 @ 22:53

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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paula 24th February, 2012 @ 04:26

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

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Richard 17th March, 2012 @ 03:04

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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Richard 17th March, 2012 @ 03:06

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

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LauLau 16th March, 2013 @ 10:06

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 tenant 24th July, 2013 @ 14:08

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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Andy 14th October, 2013 @ 20:50

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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jemma 12th November, 2013 @ 15:16

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

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sam 3rd December, 2013 @ 14:45

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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Dee 4th February, 2014 @ 00:29

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 Again 6th February, 2014 @ 14:52

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 Woodhouse 22nd February, 2014 @ 11:37

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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LYNNE 26th February, 2014 @ 19:26

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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Steve 4th March, 2014 @ 13:09

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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Diana 4th March, 2014 @ 20:36

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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aimee 5th March, 2014 @ 14:54

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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Shan 15th March, 2014 @ 18:34

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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stephanie 23rd March, 2014 @ 10:02

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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julie 3rd April, 2014 @ 07:56

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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Sanya 23rd April, 2014 @ 15:34

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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Sal 24th April, 2014 @ 12:35

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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Marta Świerska 30th April, 2014 @ 15:39

Hi. I just want to ask if the notice requiring possession has 2 names on it, but only one person signed tenancy is actually legal? Would court even consider looking at those documents, does the landlord need to give a new notice? thanks

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sid 2nd May, 2014 @ 18:25

Hi everyone I am a landlord and I have served a section 21 which has expired and now the tenant is asking me to pay the utility bills, does the tenant have any defence the property is a HMO but there are only 3 people residing at the property I would really appreciate some help in this one. Thanks

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Hales 17th June, 2014 @ 20:21

Hi all just need a little advice. I'm a tenant who's lived in a property for over 10 months I signed a 2 year contract through a management company, I have paid the rent every month without fail some months paid the management company and other months paid the landlady direct. Yesterday I received a letter from my landlady stating that with regret she has no option but to hand keys for all her properties back to the lenders as the management company have not been paying her. And today(17/06/14) I have received a section 21 backdated from the 2/06/2014 giving me until the 28/06/2014 to leave the property. I have read up on the internet that the form is invalid as I have a 2 year contract and the fact that she's only gave me 26 days notice, but on what grounds can I stay living at this property if the lenders are having the keys? Any advice will be helpfull as I have nowhere to go and have 2 children a 1&2 year old. Thanks in advance for your help

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Benji 17th June, 2014 @ 20:53

@Hales,

It seems your assessment is right but there are a lot of 'ifs' and 'buts'.

Best thing is to book an appointment at you local Citizens Advice Bureau.

Do not believe anything told you from the mortgage company or their agents.

Check here who owns your property and who is the mortgage lender (£3)

http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

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Kirstie 30th June, 2014 @ 11:29

Hi hope someone can help. Im a landlord, who has gone into this with little knowledge and totally green.

I found tenants who I thought I could trust, printed a tenancy agreement from the internet and off we went.

I did not know about the necessity to protect the bond in a registered scheme so just paid it into a savings account which is where it stayed until the Tenant got into difficulty with rent arrears and she requested I use the deposit as a months rent.

She has been an ok tenant apart from when she has been on maternity leave both times rent has got into arrears, when ive chased for arrears she has asked for repairs to the property which havent been mentioned previously. There is a problem with the waste drains from the property which I have been waiting insurers replying to me on and the boiler is old, and has had a few problems which have been covered by a boiler breakdown policy, she is insisting is replaced by a new boiler.

Other issues are minor and to be fair are basic DIY.

The rent is currently in arrears by 2 months and it will be 3 months tomorrow. The tenancy agreement is up 30th June. I have offered the tenant leniancy with rent payments and agreed for her to pay installments, all of whihc have been broken.

I want her out as the relationship has broken down completely, but she is basically saying I have broken the law and will take it further.

I have issued her with the following notice, giving 2 months notice. Ive not heard a thing from her, what should I do now, I can afford for her not to pay any rent at all and I dont know what if anything I can do........help please.....

Housing Act 1988

Section 21(4)(a)

Assured Shorthold Tenancy: Notice Requiring Possession:

Periodic Tenancy

To: Ms (removed)

Of: (removed)

From: Mrs (removed)

Of: (removed)

I give notice that I require possession of the dwelling house known as (removed).

After the end of the period of your tenancy which will next end after the expiration of 2 months from the end of your current Tenancy Agreement, being 30th June 2014

I require you to vacate on or before 31st August 2014.

In this notice it is noted that your deposit of £475 has been used, upon your request, to pay towards outstanding arrears, being 1 months payment overdue from February 2014.

It is also noted herein that the repairs to the property, requested by yourself, specifically the lock on the front door of the property, a leak near the tiles surrounding the bath, the drive gate being down, damage to the roof of the unused outbuildings, the drain waste and a new boiler, now to be completed once you have left the property. Even though access has been requested to assess repairs.

As of todays date the rent is in arrears by £650 plus £475 to replace the security deposit. A total of £1125.. As a gesture of goodwill to compensate for your inconvenience regarding the outstanding repairs I have proposed that I will waive £475 being 1 months rent and that the rent being due for the remainder of the notice period be reduced to £400 each month due on the first of July and the first of August.. The total required from yourself prior to leaving the property is £1400, including replacing the security deposit, which of course would be returned to yourself once an inspection of the property has been carried out to ensure that all carpets, laminated flooring, fixtures and fittings are in their original state when you took over the Tenancy

Dated The Eighteenth day of June, Two Thousand And Fourteen

Signed, either by, or on behalf of, the Landlord Date:_______________

If you do not understand what this notice means it is strongly suggested you ask for an explanation at
the earliest opportunity. You might consider consulting a Solicitor, Citizens Advice Bureau or Housing
Advice Centre

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Benji 30th June, 2014 @ 12:30

IMO the rent/repair issues should be separate from the section 21 notice.

I'd leave all that out and serve a simple plain section 21 and take out a separate Money Claim On Line for the arrears.

If the tenant is on housing benefit, ask the council for direct payment.

I'd also ask the feller that runs this site to remove all the personal information from your post.

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David 11th July, 2014 @ 18:06

A member of my family owns a flat that has been let to the same tenant for two years. They now want to sell the flat and a S.21 Notice has been served on the tenant. Trying to be reasonable, a two and a half month period was allowed for in the Notice. Following service we found out that for some considerable time the tenant has been in receipt of housing benefit and his rent has been paid out of this; as a result he is lookiing to the Local Authority to re-house him. However, we have now been told that the Notice is invalid because it specified a date for possession one day after the periodic date of the statutory tenancy that came into force following the expiry of the term of the Assured Shorthold Tenancy originally granted.

Is anyone able to offer any advice or suggestion about what may be done to solve the problem?

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rebecca 15th July, 2014 @ 20:23

hi,

I'm looking for some advice.

I am a co-owner of a property with my mum and dad. They have a tenancy agreement with the current tenant as the landlords but I am not party to the agreement. The current tenant receives help from the council and will not leave the property because she wants to be housed.

I live with my parents but they are selling their house and moving far away from our current area. we have served a section 21 notice which expires on the 1st September. mum and dad are being pushed to exchange with completion either late July or early August.

I am being made homeless, is there anything I can do to get the property back?.

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Bulleon 17th July, 2014 @ 05:16

Hi looking for some advice. We are tenants with no rent arrears, we have been served notice on our property, the council have advised us to remain in the property past the. Date provided. If we stay longer do we still have to pay rent?

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Laraine 17th July, 2014 @ 21:18

Hi I am a tenant who has been served with a section 21 notice I have been asked to leave the property on 17 sept 14. Am I in my rights to leave the property before that date if I find another property without being responsible for the remain month of rent. Also if I have not received any paper work regarding the deposit scheme am I still entitled to my deposit back. Thanks

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Jenny 23rd July, 2014 @ 14:07

Hi,

Please someone give me some legal advice!! I OWN my flat but it is LEASEHOLD and I have gone into GROUND RENT ARREARS of only £158. They now expect me to pay all charges plus legal fees as it has gone to court and an order of possession has been issued plus an eviction notice of only one month to leave the premises. I was planning to sell my flat this year and move out anyway. I am going to send them a cheque but I need to know where I stand in relation to selling - will they demand that the sale be in their hands or can the solicitors dealing with the sale also deal with paying the court once the flat is sold??

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Karen 27th July, 2014 @ 06:46

Hi I need help. Tenant's AST converted to SPT and although Section 21 notice served during AST did not need to proceed. Fast forward to 6 months into SPT and we decide to sell. Wrote to tenant stating we nil wish to give notice 2 months notice expiring May 31 but tenant failed to move out on that date, in meantime Section 8 notice proceedings issued as 2 months in arrears. Question: tenant moves out 10 days prior to court hearing date but fails to surrender keys, leaves no forwarding address and lots of Bills (also maintained she was landlord to obtain utilities). When asked states not moved out fully but property does not sustain day to day living, no fridge, freezer, beds, other furniture, clothes, just rubbish, out if date potatoes and rubbish!. Court awarded costs and rent arrears but not possession as yet. Are her actions implied surrender?

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Paul 18th August, 2014 @ 19:01

I am a Guarantor in my son's tenancy agreement and word of mouth suggests that he and his fellow tenants are about to be served a Section 21 for November. Meanwhile one of his mate has left and is being replaced by another and, today, I have been asked to sign another DofG agreement to include the new person.
I am reluctant to stand Guarantor for all tenants when it is most likely that they could, individually, be wanting to secure a roof over their heads elsewhere.
Where do I stand here?

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darren church 30th September, 2014 @ 21:34

I was given a section 21 dated for only one month and have been unable to secure new accommodation but have been advised by housing and citizens advice that this section 21 is not valid as it should of been 2 months and told do not move out untill I have new accommodation but am really worried the landlord will try to lock me out or remove my possessions. What should I do?

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