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Section 21 – Notice of Possession Order Form

Please note, this is just a general overview which apply primarily to Assured Shorthold Tenancies in England and Wales.

Page contents:

What is a Section 21 notice?
Types of Section 21 Notices
Maybe you need a Section 8 Notice
In order for your Section 21 to be valid
Serving a Section 21
How long the notice remains valid for
Who do I address the notice to?
My tenant won’t leave

What is a Section 21 notice?

A Section 21 notice is a document that is served by the landlord (or agent) to a tenant in order to give advance notice of repossesion (tenancy termination). It is NOT an eviction notice, it is simply a notice saying, “Hey, as soon as the tenancy comes to an end (e.g. the fixed end date has expired), I want you to vacate the premises”

A landlord has a legal right to repossess his/her property at the end of an Assured Shorthold Tenancy (AST), 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 serving a section 21 can only be used to regain possession of a property at the end of an assured shorthold tenancy (unless there is a break clause in the contract), and a tenancy does not end until the tenant surrenders the tenancy by vacating the property and [usually] handing back the keys.

Types of Section 21 notices

There are three types of section 21 notices available for ASTs in England & Wales.

Section 21(4)a – this notice should be served during a periodic tenancy (this is when a tenancy has passed it’s fixed end date and the same tenants remain occupants, but new contracts have not been signed) in England or Wales. If the tenancy is in England, this notice should only be served if the fixed start date of the tenancy started before October 2015.
Section 21(1)b – this notice should be served during the fixed term of a tenancy in England or Wales. If the tenancy is in England, this notice should only be served if the fixed start date of the tenancy started before October 2015, otherwise use the S21 FORM 6A.
Section 21 FORM 6A – this is only for tenancies in England (not Wales) and can be used for all Assured Shorthold Tenancies (i.e. in some cases, you could serve either this notice or 21(4)a/21(1)b, depending on the tenancy start date), but must be used if the tenancy started on or after 1st October 2015.

You can find all mentioned Section 21 notices available for download over here.

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 landlord is entitled to regain possession of their property after the fixed period, as long as the tenant has been given the appropriate notice period. Please note, if you want possession during the fixed term of a tenancy, then it can only be done 1) if there are grounds for eviction 2) if the tenant willingly agrees to surrender the tenancy and you agree 3) there is a break clause in the contract which permits an early termination.

If you want to evict your tenant during the fixed term and have grounds to do so, a Section 21 notice may not be suitable, a Section 8- notice to quit could be the most effective route. For further information, you may want to refer to the Difference between Section 8 and Section 21 Notice article.

It’s important to note that both notices are completely separate from one another. You can serve both at the same time (if relevant) and they won’t have any conflicting issues. You don’t need to cancel one before serving the other, they are totally separate mechanisms.

In order for your Section 21 to be valid…

Ok, this is where it gets a little tricky, but it’s extremely crucial to understand, so I’ll try to make it as simple as possible.

It’s crucial to serve a valid Section 21 notice in the event the tenant refuses to vacate, in which case you may need to take legal action. In those circumstances, the law will only grant you possession if the correct procedures have been taken, which includes serving a valid section 21.

In order for your Section 21 to be valid (i.e. enforceable by law), the following must be true…

For tenancies in Wales or England that started before October 2015

Deposit must be secured into a tenancy deposit scheme within 30 days of receiving the deposit (this only applies if you have taken a deposit).
Assuming a deposit is received and secured into a deposit scheme, you must also have served your tenant with the scheme’s prescribed information also within 30 days of receiving the deposit.
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
If the property is an HMO (House of Multiple Occupants) it must have a licence.

For tenancies England that started on or after October 2015

A lot more requirements crept in at this stage…

1) Secured tenant’s deposit into a tenancy deposit scheme within 30 days of receiving it (if a deposit was taken).
2) Served the deposit scheme’s prescribed information within 30 days of receiving the deposit.
3) Supplied the tenant with copy of an Energy Performance Certificate (EPC) before the tenancy begins, ideally during the viewing.
4) Supplied tenant with a valid Gas Safety Certificate before tenants occupy the premises.
5) Supplied tenant with an up-to-date copy of the “How to rent” guide, which can find out more about and download from here.
6) The property must be licensed where the law requires – either a mandatory HMO or in an area that is subject to Selective or Additional licensing. If you are unsure if you are subject to licensing, I recommend contacting your local council.
7) The notice will not be valid if there’s evidence of ‘retaliatory eviction’, which means…
- the tenant has made a written complaint to the landlord about the condition of the property before the notice was served; and
- the landlord has not provided an adequate written response (e.g. clarify what actions you are going to take to resolve the problem and to what timescale) within 14 days; and
- the tenant has then complained to the relevant local authority about the problem, who then serve an “Improvement Notice.”

I’m not going to beat around the bush, so just to clarify, if you have not met the requirements to serve a valid Section 21 notice, then you are going to have a very difficult time trying to repossess your property if your tenants are reluctant to leave, especially if you have no grounds for eviction. If you are in that predicament, I would highly recommend speaking to a specialist tenant eviction company or seeking legal advice.

When can I serve a Section 21 notice (i.e. how much notice must I give my tenants)?

Generally speaking, in most cases, giving two clear months’ notice should be sufficient, particularly if you collect on a weekly or monthly basis (which is 99% of the times the case). But here are the specifics…

If you are serving a Section 21(4)a (for periodic tenancy)
Tenant should receive at least two months’ notice.

Let’s assume the tenancy started on the 15th January 2011 and is for 6 months, so the fixed tenancy period will end on the 14th July 2011, so therefore the tenancy will become a ‘rolling monthly contract’ on the 15th July 2011 (assuming rent is paid monthly, which it usually is), the first periodic period will run from the 15th of July 2011 to 14th August 2011.

So now let’s assume it’s the 17th of September 2011, and you wish to repossess the property on the 14th of January 2012 (the date should be the same as the last day of the periodic period). To be valid the notice must make it clear to the tenant that possession is required AFTER the last day of the period– so the “date of expiry” should be 14th of January 2011, and the tenant must receive the notice 2 months before then.

The date you serve the notice is not important; it is the end date (notice date) which is crucial. However, your notice must include the date the notice is served so that the court can see that the full notice period has elapsed.

You see an example of how I completed a Section 21(4)a here.

If you are serving a Section 21(1)b (for fixed term)
A Section 21(1)b can be served immediately after all the requirements (i.e. the relevant requirements listed above for this particular notice) have been met. So in theory, it could be served a week after the tenancy started.

You must give the tenant at least two months notice for repossession. That means the tenant should receive the notice two months before the last day. The last day/date should be on same date as when the tenancy started. So for example, if the fixed term started on 15th January 2011 for a fixed term of six months (fixed term ends on 15th July 2011), the tenant must receive the notice on or before the 15th of April 2011 if you want them to vacate on the 14th of August (the 15th would be the start of a new month).

If you are serving a Section FORM 6A during a fixed term
Unlike the old Section 21 notices, there is no need for landlords to end their notice on a period of a tenancy (e.g. if the tenancy started on the 15th July 2015, we won’t need to end it on the 14th of July 2015). They just need to comply with the correct time period.

Minimum of two months notice is required and you cannot serve the notice within the first 4 months of the start date of the fixed term (this 4 month rule does not apply to tenancy renewals or tenancies that roll onto periodic tenancies; the first 4 months are taken as the first 4 months of the original tenancy).

If you serve a Section 21 FORM 6A during the fixed term and then let the tenancy roll over into a Periodic Tenancy, the section 21 will no longer be valid, and you will need to serve another notice.

If you are serving a Section FORM 6A when the tenancy has become a Statutory Periodic
The minimum 2 months’ notice period remains the same as long as the periodic period runs weekly or monthly (that’s based on when rent is paid). Where a tenancy period runs quarterly or biannually, landlords will still need to give an appropriate matching period of notice (e.g. 3 months’ notice for quarterly tenancy periods, 6 months’ notice for biannual and above).

How long the notice remains valid and usable?

If you are serving a Section 21(4)a or a Section 21(1)b, then the following applies…

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.

If you are serving a Section Section 21 FORM 6A, then the following applies…
If the Section 21 was served in the fixed term, you have a “use by date” of 6 months. After that, you will need to serve another notice (which will expire again after 6 months).

If the tenancy has become a Statutory Periodic and the rolling contract is on a weekly or monthly basis, it will also expire after 6 months. However, if the periodic tenancy requires more than two months’ notice (e.g. if the rolling contract runs quarterly), possession proceedings will need to be started within 4 months of expiry of the notice, otherwise a notice will need to be re-served.

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 can apply for an Accelerated Possession Procedure (assuming your Section 21 is valid). 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.

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.

This blog post is not offering legal advice. Before taking action, always do your own research and/or seek professional advice with the full facts of your case and all documents to hand. For legal advice, I would strongly recommend talking to an eviction specialist, your local Citizen’s Advice or a Solicitor.

Disclaimer: I'm just a simple landlord blogger, I am not qualified to give legal or financial advice. Any advice I give is my opinion based on my experience, and is never legal or professional advice. You should always get professional advice on any legal and financial matters!

Any documents you download from this website are just examples of its kind and should be checked by a professional. I give no warranties or representations concerning the documents, and accept no liability in relation to the use of the documents.

Tenant Guarantor Form & Guide

Rent Arrear Reminder Form

299 Comments- Join The Conversation...

Showing 249 - 299 comments (out of 299)

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...

249

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?

250

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?

251

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.

252

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?

253

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

254

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?

255

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

256

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

257

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

258

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/

259

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

260

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.

261

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?

262

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?.

263

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?

264

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

265

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??

266

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?

267

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?

268

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?

269

Becca 9th October, 2014 @ 18:34

I moved into a property on 15th march with a shorthold tenancy on 20th june received a letter from my land lord stating he was to sell the property and that he was giving me one months notice, I went to my local council who spoke to my landlord and informed him the notice letter was not enough he needed to serve me with a section 21 which would give me 2 months notice ending on 15th September. I received this section 21 on 15th July I was told by the council that I was not to leave on 15th September and my landlord would issue me with court proceedings, i paid my rent as usual taking me up until 15th October, I have since been offered and taken a council house and informed my landlord tonight I would be able to leave the house next week, he is now saying I need to give him one months notice and that my deposit which is backed in a proper government scheme would not be retuned if I was to leave with no notice, how can this be correct how can I possibly need to give him notice when I am leaving the house because he gave me notice? Any help and advice would be greatly appreciated.

270

handoko 28th October, 2014 @ 04:34

I am want...
daftar harga hp terbaru

271

Karina 21st November, 2014 @ 18:41

Hi. My landlord has served a section 21 as they want to sell our house. We have been able to find a new property very quickly and are keen to move in asap. However my landlord is saying that we will need to pay the 2 months of notice rent, but the new estate agent is telling us that because the section 21 has been served we only have to pay until the day we move out. Can someone please confirm this as I don't want to make things awkward between ourselves and the landlord.
Thanks

272

emma 15th December, 2014 @ 19:05

Hello, I really need some help.
I live in a single room since August 2013. My old boss know the the boss from the agency and I was able to move in with my boyfriend right away without deposit but also without a tenancy agreement. So monthly I was paying cash or straight to the bank the rent . Recently , a "hater" decided to put a "good" word for me and talked with the boss from the estate agency to give me a notice .The thing is they did gave me in hand a formal notice in 3 lines to vacate the room in 2 weeks, not 2 months as the law says. What can I do , as a tenancy without a contract .Do I have any rights? Please someone to give me an advice , I caused no troubles , I paid the rent always on time . My bank account is on this address, my GP it' s on this address and I am registered like a self employed as well on this address. But I have no tenancy agreement with the agency. What can I do??
Thank you

273

Benji 15th December, 2014 @ 20:23

Emma,

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

274

Denize Okutan 3rd February, 2015 @ 11:21

I assisted a landlord to obtain possession using section 21 HA 1988. In court yesterday the judge gave possession but refused an order for (£5,500) rent arrears saying S21 ONLY gets possession despite it saying in the form N119 (particulars of claim) that the claimant wants the court to order payment of the arrears. Is that correct because I've known of numerous judges in the past who have granted judgements for arrears with a S21 application. It was NOT the S21 accelerated procedure.

275

Gemma 9th February, 2015 @ 20:52

Hi, I need some accurate advice here please.... My landlord has served me with a section 21 notice with the 2 months needed for it to be valid however what I need to know is my deposit was as far as I'm concerned never put in to a deposit safety scheme and he used it all to cover rent when my housing benefit stopped, Now this was stopped incorrectly but they paid back all monies owed as it went to court and the judge saw it in my favour but didn't make an order for them to pay back the rent arrears, Now my landlord at the time was happy enough to wipe the arrears and gave me a new tenancy agreement once my benefits started up again and the rent has been paid on time everytime since but another one of questions is that whilst in court for a previous landlord from hell who also served me with a section 21 notice the judge had told the agent/landlord that I should have stopped paying the rent as soon as the notice was served? Is this correct? I don't want to be nasty to my landlord as has on occasions been nice but mould in my house has become so bad that my daughter has now become ill as mould was found to have spread to her bad/mattress/pillow and shortly after reporting this he sent me a message stating that he intends on selling the property so will be serving a section 21 notice even though he isn't selling as I've been informed by his home maintenance crew he isn't selling but it is his property so not much I can say, so all in all what I need to now is 1) can he serve me this notice if he didn't put my deposit into a scheme. 2) does he have to return this deposit to me before I leave 3) do I continue to pay rent now I have this notice?

What I am also worried about is last time I was in this situation the council basically told me they will only put me into a hostel even though I'm a single parent with a 16 year old child preparing for her exams and young dog bought from my father for my daughter as a present and all I got told was get rid of the dog and put your furniture in storage and I have to pay for that and take the hostel or your homeless, surely this can't be right?

Gemma

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B.T. 12th February, 2015 @ 14:12

hi, thanks for this blog. I have a question if I may in regards to how much notice period must be given the tenant if the rent is paid every 6 months for instance. B.T.

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Oli 23rd February, 2015 @ 15:59

Hi,

I live in a rented room in a house with three others. I paid a £300 deposit when I moved in which is in a deposit protection scheme. After completion of a six month minimum term in September 2014, the contract is now a rolling monthly AST.

All contracts state that all rooms are for single occupancy only.

One of the tenants has had his girlfriend move in with him and the issue was brought to the landlord's attention in November last year. However, the landlord ate up whatever lie the tenant told him. The girlfriend stayed out of sight for a month or so but since Christmas she is now back living in the house. She disrupts the house a lot, as is constantly in the kitchen and constantly in the bathroom.

I have now had enough as it's really affecting my standard of living in the house. Because the issue has previously been brought to the landlord's attention and was not adequately dealt with, I now want to pay £300 less rent than I normally pay. This is because I want to protect my £300 deposit should the landlord decide to withhold it from me at some stage. Thereafter I will then pay £100 less rent than normal until either (a) I move out or (b) conditions within the house are restored per my contract.

Am I right to do this? Having complained before and no action being taken I feel I am justified.

Hope someone can help.

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Bob smith 11th March, 2015 @ 14:24

I am a tenant and my Bond was secured via the BRITISH LEGION . who sent me a deposit Guarantee bit of paperwork only .
Now my Landlord agent are trying to get me out with a Section 21 as it seems quite common now .. but I read everywhere that unless the Deposit is secured with the main 3 schemes that the section 21 is NOT valid . Also it states on my Tenancy agreement that this legion Bond is Exempt from the Housing act 2004 is this correct as i think this is wrong ??

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bobby 10th April, 2015 @ 15:40

My landlord has decided to sell the property I have rented from him. The tenancy agreement ends on the 10th of June; as yet I haven't received any notice from the letting agent. The property was advertised on right move yesterday, my tenancy agreement says that they can only market the property during the last month of the agreement. I am very annoyed as I was told I could have a further two years at the end of the tenancy but now he has decided to sell. When I took the property I asked if it was a long let as I needed stability for my young child and it was near to school. I don't know why I haven't received notice and I'm not sure what happens if my tenancy agreement ends with no notice either. Can anyone help? My rent is all up to date and my house is immaculate. Thanks.

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pinpin 22nd April, 2015 @ 16:53

hi from your description , I think must have rules like this , i'l try to learn about this

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bobby 22nd April, 2015 @ 17:37

Please can anyone help with comment number 279? My landlord still hasn't served me the section 21 notice and my tenancy agreement ends on the 10th of June? The property is on right move for sale and he has said he doesn't want to give me a two year tenancy agreement either. Not sure if I have any rights if the agreement ends? Please help; there are lots of questions on here but no response!!!! Need help ASAP. Regards.

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Emilia 28th April, 2015 @ 22:31

Bobby,
with regard to your question 279, the landlord or the agent acting on behalf of the landlord has to serve you with a valid notice for 2 months, after the expiry of the notice there is further procedure to follow for this to be a legal eviction, final step where you would have to leave would be the court granting a bailiffs warrant. In your case the first step would be most likely be being served a section 21 notice, as you are not in arrears (with arrears over 8wks its usually a section 8 notice) After the expiry of the notice the landlord would need to apply for a possession order from the court. You do not mention your deposit, have you paid one and have you received the tenancy deposit certificate with the prescribed information and are the details on this correct, dates are relevant so check this. This would be useful info as once the 2 mnth notice period expires, provided the notice has been served correctly, you can launch a defense for the possession order proceeding if the deposit has not been protected correctly, or if there are issues with the dates on the notice the court may decide to issue a hearing or even dismiss the notice as invalid, thus requiring the landlord to serve a new notice. I highly recommend you keep paying the rent as normal and contact shelter, your local council housing dep or homelessness prevention unit if they have one, or citizens advice bureau asap for more advice. Do not try to deal with this alone without expert advice, don't panic, and do not respond or fill in forms from the court without advice by yourself. If you are on a low income, income limits can be found on HMCS website etc. you may also be able to qualify for legal aid covering costs for a solicitor to represent you as things progress with the court. Too many tenants are unaware of their rights. I think the reason for so few answers on this site is it seems to be aimed at mostly landlords that are pursuing eviction. I hope this helps, do your research and get assistance or otherwise you are making it easier for ll to get away with illegal eviction. I wish you all the best!!

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bobby 29th April, 2015 @ 06:03

Thanks Emilia. I am in full time employment and on a good salary; my problem is not related to financial difficulty or related to the deposit!!!! I am at a loss as to why landlords think it's is okay to treat any one this way regardless of their earnings!! This property is being marketed for sale without any notice having been served. I enquired 12 weeks before the end of the agreement (10th June 15) to ask to sign again and was told yes to a further two years from the letting agent. They have a right to change their mind as they think the housing market for sales is getting better and want to try their luck. Why not be honest when they rent to someone; I asked for stability for my child and they said yes it was a long let. They send an agent round to value 8 weeks ago and I hear nothing. Through a friend I hear it's on websites for sale; they don't even have the decency to inform me. I have people parked up looking through the windows, obviously as it's being marketed. There isn't a deposit problem that's all in hand with the agent. I am asking if they are allowed to market for sale without any section 21 being served.... whether or not you have income low or high; your home is just that and it is extremely worrying to think that this can happen. A long let should mean 4 years and over and landlords should have to commit to this if they change their minds along the way, this isn't a fair system in any way. I still need to know if anyone can answer what do I do if notice hasn't been served and the property is on rightmove? Thanks.

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B.T. 29th April, 2015 @ 07:11

bobby, whatever you decided to do, do NOT make yourself intentionally homeless, by that I mean do not leave your 'settled home'.

It will take your landlord quite some time to evict you so stay put and get the ball rolling with your local council, shelter etc. as Emilia has already pointed out.

You do have options, do not panic and get in touch with your local council and citizen advice bureau now! Do not be tempted to sign any papers you may receive from your landlord or his representatives including agencies.

Document everything, including taking hard and soft copy of the property being advertised, email communications and start filing them with a view to present your evidence in court, should it get to that.

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shannon 14th May, 2015 @ 09:55

Iown a property.It was let 15 years ago. The tenancy agreement was originally in the husband and wife name. They also had a child who is now over 18 years old..The tenancy agreement has expired few years ago.I now wants possession of my property. What type of eviction notice do I give them . Shall I also include the the child's name now over 18.

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jodiana 15th August, 2015 @ 21:31

Hi my mom has accorded a property for 15 years now she has never met her landlord but dealt with rent via bank transfer and was never in arrears now she is deceased her son has serve a section 21 possession.my question is his he correct to do such thing without a reason has to why and a sec 21 was serve after bein at the property for 15years.should there be an explanation?

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MattyT 17th August, 2015 @ 19:11

I have recently had a possession order refused as I calculated the expirary date on the section 21 form incorrectly and so applied to the court to soon. Do I need to serve a new section 21 and wait another 2 months or can I now re apply as the date on which it would have expired has now passed?
On the section 21 form I put the expiary date was the 13th of july but the judge has said it expired on the 3rd of august.

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mandy 11th September, 2015 @ 11:53

Hi I'm the tenant, I'm in a private house through letting agents on 17/07/13 I had a 6 month contract then,after being there 5 months I was rushed into hospital with severe pueumonia type 2 respiratory failure, & travelling blood clots to my lungs I nearly died through this & spent aweek in hospital on oxygen etc, whilst I was in hospital I informed the letting agency that I need repairs & told her what repairs one being the mold & damp in the house especially what I was in hospital for,they said they would do this etc, by end of Feb.2014 I was having breathing problems etc,the mold was coming through the wallpaper I told the agency repeatedly still nothing was done the property was getting worser,I was given a sick note & had all other tests done I was getting poorly the mold & damp weren't helping,the agency sent a letter saying I owe rent & said they want me to leave, I rang them on 07/04/14 & agreed plan of £30 was to be paid & they would come out on 11/04/2014 to inspect property, & pay the £30 that i owed rent arrears i asked for a rent book which they Said they don't do,I got a receipt & they said they would do the repairs asap so I started paying this struggling to survive as I was only on esa since 07/03/2014,I returned to app.at doctors on 16/04/2014 & did some lung function tests & had to be given a inhaler using a volumetric spacer there & then, I also got another inhaler tablets etc & a care plan for chronic obstructive pulmonary disease & respiratory problems,the letting agency I rang them & told them it was important I get the damp & mold done asap now they replied they would sort this for me,I carried on paying £30 a week,I was getting worried the house was getting worser & i went to hospital & given yet another inhaler was told they can't do anything for me basically I was gonna die end of, i couldn't sleep, I was scared alone but I decided to try & not think that saying to myself it weren't true, so I rang environmental health on 9th may 14, they came out & inspected the property writing all repairs down & gave the agency a letter for repairs that needs doing asap due to my health problems & suggested they meet back at my home with the lettings agent to show all repairs was done,on 17/07/14, by then I'd paid 8weeks of £30 a week,to letting agency, none of the repairs had been done so I stopped paying the £30 keep phoning them getting no answer, went to office numerous times they was never in, 30/05/14 I registrared on council housing list, on that date was the last date I saw the agency paid £30 got a letter off them to say if I owed rent, it stated I never so that was another reason why I stopped paying the £30 they promised they would do repairs, I told them I was registration for council place etc, 17/07/14 the environmental health came no landlord they said they would be in touch about the outcome, time went by, my health was worsening , bids was unsuccessful with council I suffering depression like mad,nobody to help me,I'd applied for pip awaited to hear, then a man came from council on 23/09/14 put a machine on wall took photos of all rooms & said he would be in touch, following day on 24/09/14 I had to go doctors for a care plan review,I was given a antipicatory care plan I had to sign for it, I didn't know what this plan meant, so I carried on in the meantime things grew worser in October I had to go to have camera down my throat as food was getting stuck in my chest, I had severe damage of the gullet,inflammation of the gullet & stomach & suffer acid reflux, I have narrowing of the gullet, I should've had this repeated but cause I have nobody to go with me i could not repeat this as I needed to be sedated, it's dangerous cause if acid leaks into my tubes of my lungs I could get lung cancer, my mind was in bits I had nobody to turn to,talk to support me,heating would work,I went off to Eco community center they rang some people, I had energy people give me a survival pack which consisted of a blanket,teabags,soup,hat,mittens,hot water bottle,temperature chart & info, firemen came replaced smoke alarms,then I got a letter to inform me it was a warrant to gain entry to fix the boiler, why the warrant puzzled me environmental health stayed there till the heating was fixed,they said the landlord couldn't make it, the mold & damp over winter months other repairs worsening,but what could I do I'd been unsuccessful with all my bids they didn't care it was me gonna die not them,time passed 05/01/2015 i was diagnosed with diabetes type 2 I didn't know anything about this & i learnt about it I have celestial tablets & 1000 mg metformin, I've lost lots of weight in a way it's good, but it's quick well its at moment stayed right,I've been turned down for pip I got support group but don't get a appointment to go cause I'm not fit for work I do get the highest poss. On esa, & i get housing benefit that goes to letting agency, & council tax is claimed etc, mandatory pip was refused I have a command which is embarrassing as I'm only 52, anyway I'm cutting short now,but environmental health stopped due to me getting a solicitor that's not from doncaster, my doctor asked cvs support for me they got m25 housing support council said I owed £116 rent arrears from 17 years ago & it had to be paid before I get a offer, I don't owe it as I was married & didn't live at the address they said but I paid it desperate I got offered a flat it was really tiny my furniture was too big etc it would be ideal for a homeless person with no possessions, I refused tis & carried on bidding but they only put me on bronze they know about my circumstances my health etc & have seen all medical evidence well I've been issued a s.21 on 22/07/2015 had to leave on 16/08/2015 but it should've been 2 months notice the landlord wants me out says I owe rent arrears & wants to sell, I never got them to do repairs & it will be 2months up next wednesday I've packed ready to be kicked out but I have nowhere to go the council will say I'm intensively homeless when I registrar so I haven't I will have to go homeless as I have nowhere to go, will the bailiffs come to evict me next week I need to know as I have my animals to think of who I never would part from all advice please

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Trev 16th September, 2015 @ 16:25

I would appreciate clarification please, my tenant has gone beyond their 6 month assured shorthold tenancy and is now living on a month by month basis. Can you advise if I should use the section 21 form to ask them to quit so I can do some fixing up? I think so but I am a first timer. Thanks in advance.

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Ian 10th April, 2016 @ 09:05

Possession order was apparently put through the court but both myself and my x never had any dates sent or paperwork. Now a month after all arears were settled I've been told we owe for the possession order as awarded to the landlady through the courts. But have no info about this or how I can pay.

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Maxine 11th May, 2016 @ 15:14

Hi, I have been renting my flat for 2 yrs 5 months,my landlady gave me a section 21, as she has sold the property. I am really trying to get a place, but being on housing benefit in just can't get nowhere. I am 61 years old. Can she just evict me?. I really don't want her to lose her sale of the flat but I am worried sick in will be homeless.maxine.

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Sarah 19th July, 2016 @ 11:22

I have a 6 months fixed term AST in place and need to move back to my principle home due to relationship breakdown with partner. Am I better placed to serve a section 21 Form 6A or Section 8?

Can the 2 mths notice expire on the AST end date? Contract start 15 april - 15 october 2016.

I remain confused. Sarah

293

Peter Bolwell 10th November, 2017 @ 16:50

If I intend to follow the initial 12 month fixed term shorthold with another one to the same tenant for a similar period, do I still need to serve 2 months notice (before the end of 10 months of the initial term has passed) to officially terminate the initial fixed term tenancy even though I do not actually want to repossess the property?

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Simon Pambin 11th November, 2017 @ 11:15

Hi Peter,

No you don't: you only need the Section 21 when you actually want your tenant to leave.

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Sebastien 14th November, 2017 @ 13:44

Hello, I'd just like you to clarify part of your statement within the 'If you are serving a Section 21(4)a (for periodic tenancy)' section - here you state:

"(the repossession date should be the same as the last day of the periodic period). To be valid the notice must make it clear to the tenant that possession is required AFTER the last day of the period– so the “date of expiry” should be 14th of January 2011"

The first sentence (when you say the repossession date should be the same as the last day) seems to be at odds with the very next sentence (when you say possession is required AFTER the last day. Which is correct?

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The Landlord 14th November, 2017 @ 15:37

Hi Sebastien,

Ah, yeah, that is confusing. It should say "the ~~repossession~~ date should be the same as the last day of the periodic period" (it's been updated now).

So, the date should be the same as the last day of the periodic period, and then tenant should be made aware that you (the landlord) will repossess the following day i.e. tenant can move all his/her possessions out on the 14th, and you will take over the property from the 15th...

297

Susannah 29th December, 2017 @ 14:44

Hi, Ive served a section 21 but the tenant now says she needs more time after the end date. I'm happy to do this but do I serve another section 21 or just write a letter confirming a new date. I need to be covered incase she refuses to move and I need to follow eviction process. Thank you.

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Sophia 21st January, 2018 @ 01:27

My tenants started off wonderful, seemed nice and promised me the moon. I went through an agent to find these so called tenants and life seemed to be a bunch of roses until several months after they moved in. First month they moved in I went to check the property only to find a dog there " No animals allowed into the property. I questioned the tenants and was quite annoyed. They assured me no damage or mess in the garden. Then several months later they kept texting me something was wrong with the property such as the pressure of the water? then it was the hot water all sorted. Rent was started to come in sometimes never or bit by bit. What I want to know is - because they have asked me to issue section 21, do I still have to give them 2 months notice because they sometimes pay me once every 6 weeks and then maybe so much a week etc. I told them this cannot go on. Every time it gets to nearly two months (as I want to evict them with section 8 ) they pay some off .

Thank you

Sophia

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