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After s21 notice given

Started by Beebee, August 08, 2018, 01:02:11 PM

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Beebee

My tenant had a 6 month assured shorthold tenancy which commenced on 1 March 2015 and then became periodic.  I wasn't sure if I needed to serve a S21 as the tenancy commenced before 1 October 2015, but I did anyway. This was served on 26 July to leave on 30 September 2018.  I have been asking him to leave since original notice in November 2017 but after many excuses of not being able to find anywhere to rent and various properties that he wanted to buy have fallen through, he clearly has no intention to leave without a court action.

I failed to take him to court within 6 months of serving the first s21 because I didn't realise it was the date of serving the notice rather than the date to leave.  I understand that many court actions fail but I have gone through Marck Pritchard's questionnaire re s21 and all seems to be in order.

What date can I now start the court action?  Can I do this myself on line like a claim through the small claims court?

Any advice would be welcome as I have never had a problem with a tenant before

KTC

If you've gone through Prichard's flowchart, you already have your answer...

QuoteMy tenant had a 6 month assured shorthold tenancy which commenced on 1 March 2015 and then became periodic.
Quoteoriginal notice in November 2017

If you gave a valid s21 in November 2017, that is still valid until 1 October 2018 when new rules introduced by the Deregulation Act kicks in for pre-Oct 2015 tenancy. So you to court for possession now on the basis of the older s21. From 1 October 2018 to 25 January 2019, you can rely on the newer s21 you served, assuming that is otherwise valid.

https://www.gov.uk/evicting-tenants/accelerated-possession-orders

Beebee

Thank you for your response.  I will go to the web page indicated

KTC

You choose a bad time, the associated page where you download the correct court form is broken right now if you want an English form for property in England. Go back after the weekend and it should hopefully be fixed.

Beebee

Oh okay thanks.  I did click on the link on Section 21 and it seems that the tenant should have been given a copy of the Government's 'How to Rent'guide.  I knew nothing about this guide and the need to give a copy to the tenant.   Is it a legal requirement and now too late to give it to the tenant  - before I start the court action?

The tenancy agreement stated that only the tenant could live in the property but he moved a girlfriend in without my knowledge and without permission in November last year and it is this loss of trust (plus the ongoing stories of properties he is going to buy) that I feel he has to go but as he tells me the agreement is not legal to have the clause about having long term guests or lodgers plus a clause not to sublet, charge or share possession of the property, I am not going down the Section 8 route.

Hippogriff

It sounds as if you're on the back-foot with this Tenant, as if the Tenant knows more than you do - which shouldn't be the case, as you are the Landlord you should be the professional one. Think about the clause you imply is in your AST and how it might not be legal... you can't enforce things like that which would / could impact upon the life of a Tenant - like getting a girlfriend, or having a baby, right? While most ASTs would have a clause in there about subletting and even assignment - whether it's legal will be debatable - most Landlords seem to rely on most Tenants not wanting to do this anyway. In fact, my experience is that ASTs are typically about forming an agreement / understanding between the two parties. The Landlord may chance it by putting in clauses they hope are going to be adhered to, even if not legally enforceable, the Tenant is counted upon as being a good egg. If that doesn't turn out to be true I often wonder if there is any point at all in contemplating legal recourse.

That said, a Section 21 - if you have fulfilled all your obligations as relevant at the time - is a sirefire way of eviction. Knowing the cost and time involved, though, I would be tempted to consider other incentives. Some Landlords will say to their Tenants - how about I pay for your moving costs, or how about I stump up your first month of rent in your new place? Sure, it sticks in the throat, that, but consider the alternative as objectively as you can. Section 21 is preferred over Section 8 in almost all circumstances.

KTC

Quote from: Beebee on August 13, 2018, 02:31:21 PM
Oh okay thanks.  I did click on the link on Section 21 and it seems that the tenant should have been given a copy of the Government's 'How to Rent'guide.  I knew nothing about this guide and the need to give a copy to the tenant.   Is it a legal requirement and now too late to give it to the tenant  - before I start the court action?

You said you went through Mark Prichard's flowchart. If you have, it'd tell you if the s21 you issued is valid or not. If the most recent fixed term tenancy you granted began before 1 October 2015 and you currently have a statutory periodic tenancy arising from that fixed term, then no you did not have to give a How to Rent guide. That's assuming England, the requirement doesn't apply at all in Wales.

Beebee

Yes, having gone through Mark Pritchard's flowchart, all seemed in order re S21.  It was when I read the accelerated possession (thanks for the link) that the How to Rent guide came up.  I certainly hadn't read about this guide in 2014.