UK Landlord Forum / Life

Hi Folks
I am a landlord of 20 years standing not really had any major problems touch wood , however, I have a good friend who is having some major problems with a tenant who looks unlikely to move at the end of this month, she has given her notice as she refused a modest increase in rent (amongst other things!) and suspects she will dig her heals in, my questions are 1. should my friend carry on letting her pay existing rent into her account if she refuses to leave? 2. She forgot to give her a copy of the how to rent guide how will this effect her giving a section 21 notice or taking to court etc.?

Quote from: Mooselord on March 12, 2023, 05:49:52 PM
She forgot to give her a copy of the how to rent guide how will this effect her giving a section 21 notice or taking to court etc.?

The issued section 21 would be invalid. She can rectify her error and issue a new S21.

See the S21 validity flowchart here: https://nearlylegal.co.uk/section-21-flowchart/.

Page 8 applies - but she should go through the entire document to ensure she hasn't forgotten any other of her obligations.



[Edited to clarify the need to issue a new S21]

The tenant owes the rent until the tenancy ends, so she should obviously allow the tenant to pay it. If the tenancy is periodic, the landlord can impose a rent increase if the tenancy agreement doesn't contain a mechanism to vary the rent.

Hi Thanks for the responses so far, as she has not issued a section 21 yet but has just asked her to leave at the end of the month does that mean she can just send her a copy of the how-to-rent guide and then issue a section 21 or will she have to give her another two months notice and then issue the section 21?

In response to JP Keats, if the tenant continues to pay after she has been given notice to leave, and the landlord accepts the payments does that not undermine any right of the landlord to then have them removed by a court order? (should it have to get to that)

Quote from: Mooselord on March 13, 2023, 07:22:01 PM
Hi Thanks for the responses so far, as she has not issued a section 21 yet but has just asked her to leave at the end of the month does that mean she can just send her a copy of the how-to-rent guide and then issue a section 21 or will she have to give her another two months notice and then issue the section 21?

The section 21 notice is the two months notice. Issue the How to Rent guide, then on a latter date (i.e NOT on the same day), she can issue a section 21 notice.

Check the guide HandyMan linked to.

Quote from: Mooselord on March 13, 2023, 07:22:01 PM
In response to JP Keats, if the tenant continues to pay after she has been given notice to leave, and the landlord accepts the payments does that not undermine any right of the landlord to then have them removed by a court order? (should it have to get to that)

No.

Quote from: jpkeates on March 13, 2023, 09:55:32 AM
If the tenancy is periodic, the landlord can impose a rent increase if the tenancy agreement doesn't contain a mechanism to vary the rent.

If it's statutory periodic, then a section 13 notice can be issued whether there's a clause in the tenancy agreement or not.

"This section applies to (a) a statutory periodic tenancy ...."

Quote from: Mooselord on March 13, 2023, 07:22:01 PMdoes that mean she can just send her a copy of the how-to-rent guide and then issue a section 21

As KTC said, plus make sure it's the right How to Rent guide. There's an updated version due out this Friday: https://www.landlordzone.co.uk/news/breaking-government-to-issue-new-how-to-rent-guide-on-friday

Handyman is right,she needs to check everything else is in order.The fact that she thought just telling the tenant to leave at the end of the month was sufficient makes me doubt her grasp of the responsibilities of a landlord.The tenant could run rings round her.