UK Landlord Forum / Life

Section 21 advice
Right i am looking into giving my tenant notice to quit the property and just wanted to make sure that I fill this in right. I have read a lot of things about these not being filled in right and being thrown out of court so wanted to get this thing right in the first place.

so the tenant moved in 1st June 2015 on a 1 year AST.

This is the section 21 I have found and will use.
Now it doesn't seem to have any dates in it other than the date of expiry.
Which I have put as the 31st May 2016 is this correct.

Also are there any other dates i need to include??
And how would you suggest serving it???
Post ? Hand delivered through the door?
Or ding the bell and try and hand it over in person ?
Get a witness to come with you to prove you posted it through the door?

And when can I serve it. I have read at least two month before the expiry date (31st may 2016) So does that mean I can give it to him anytime during March?

Thanks



HOUSING ACT 1988, Section 21(1)(b)
As amended by the HOUSING ACT 1996

Assured Shorthold Tenancy: Fixed Term
Notice Requiring Possession

(i)   Name and address of tenant.
To: HIS STUFF HERE
of

(ii) Name and address of landlord
(see Note B)
From: MY STUFF HERE
of
ADDRESS OF DWELLING
I give you notice that I require possession of the dwelling house known as  ADDRESS OF RENTAL PROPERTY HERE

(iii) See Note C

DATE OF EXPIRY
after    31ST MAY 2016
Signed: .......................................... Dated:.................

Sorry if it seems like a long and silly question. I just want to make sure iam doing it all right.

Answer is on this site:
http://www.propertyinvestmentproject.co.uk/blog/how-to-fill-in-a-section-21-notice/

Serve by post get certificate of posting.

Thanks for the comment.
I have read that post but just wanted to make sure that my dates were the right ones to use.
And the fact that I am not missing any other dates in it other than the expiry date which I have put of the 31st May 2016.

And can I serve it any time this month???

Yup any time this month.
Sooner better

I also need advice
Fixed term runs from 20th sept 2015 - 19th march 2016
i intend to serve a S21(1)(b) tomorrow 18th march ie still in the fixed term (just)
my questions are :

do i need to put in a Notice Expiry date ie i THINK that will be 19th may 2016 or will the expiry date be after two FULL calendar months after fixed term ends ie 31st May 2016
and if i need to put this date in do i liaise with the tenant for a suitable date for them to move out after that date ??
help !!!

thanks

Thought this might be of interest:  We served a section 21 notice on a tenant who stopped paying their rent in July 2015.  We dated the Section 21. 11th September 2015 with an expiry date of 10th November which we and our solicitor deemed 2 months notice.  Finally got to court (long story) last week 1st April. We were surprised to see the tenant who as far as we knew had not submitted a defence.  She was allowed to sit at the front of the court we were directed to the back.  The judge was not happy with the expiry date on the Section 21 of 10th November and asked "what is your rush"  In his judgement we had not given our tenant enough notice by ONE day.  Our solicitor tried in vain to argue the point informing him that she had used the same time scale on hundreds of successful Section 21 notices.  (This is a solicitor who specialises in Landlord Disputes.)  Bearing in mind that this tenant had now enjoyed a further  4 months living almost rent free and intended to stay for as long as possible...and the judge asks us "what is your rush."  He asks the tenant how "she feels about this."  And she replies "I have no problems with my landlords, in fact, they are lovely but I don't have anywhere to go."  The judge then says "he finds for The Client."
He actually referred to the tenant as THE CLIENT.  We did serve a Section 8 but this tenant would pay just enough monies in rent to bring arrears below 2 months.  The tenant has paid no rent since November - we have now issued another Section 21 giving her 2 months and 4 days notice together with a section 8 ......hopefully she might pay some monies to make the Section 8 invalid.  She is advised throughout by Citizens' Advise who have informed her to stay until the bailiffs arrive (she has 2 children) and she will then be rehoused by the Council.  This is a woman who does not even qualify for housing benefit because she has savings.  We are, as many landlords are, being used to push Councils into rehousing families deemed homeless.   She has made herself homeless but because she has 2 children .....you know the rest. 

If you had played safe with your dates in the first instance you would not have had this problem. Courts don't like to make people homeless. I'd advise never to go for what you think is the bare minimum notice... I think you have a case to be unhappy with the person you're paying to advise you in the matters. Just a view.

Sadly seen this kind of thing before... No matter how cast iron your case judges can go and do go random.
Even if you had served the notice correctly I suspect this judge would have found some other reason....

Thanks for sharing though it will highlight to a lot of readers the pitfalls of ending up in court...

LIZ14 yeah that sounds like a nightmare. Thank you for sharing your experience.

SO an update on mine and a quick question. I have now served my section 21 on my tenant giving over two months notice. I think he is wanting to be rehoused by the council.
Now the question I have is an odd one.

He is ex army and has ptsd and a brain injury and says he has been in and out of treatment. He cant remember things and has said that the council are taking over his finances so its up to them to pay me and backdate it.

Can they actually do this. I have no idea about councils and if this is something they do or if he is just spinning me a line to drag it out a bit more.
he hasnt paid rent since Jan 2016.

No the council will not in my experience back date rent.  Why would they? They have got free rent for their client.
They may actually help him extend his free rental period by advising not to do anything until the bailiffs arrive...at least that's what the councils in my area do...

Others might have a different view...

Thats what I am afraid of... he will just sit in there and wait for me to get him out. But the thing that really annoys me is that he isnt even living there. He stays with his dad most of the time and just visits the house.

Swindon Council will, providing
- you were too ill to act
- you were given poor advice from a relevant body
-you had a good reason as to why you thought you could not claim
- an external factor prevented you from claiming

Blimey! They even have a form

So I served the section 21 via post and signed for. BUT today I got it back in the post as he hasn't picked it up from the post office.

You didn't do what I wrote above....
First class post and certificate of posting

NOT SIGNED FOR

Well I asked the post office what would be the best way to post it so that we knew that he had got it..
shit.

He does have a copy though as I have had delivered it. He is aware of it all but he actually wants to move out sooner which is great and he is moving his stuff out cause the neighbours have said he is. BUT I am just hoping that he pays before he leaves. He has said he will but yeah i am not convinced of that either. He is aware that if he doesnt pay it will be a long and horrible thing to have to go to court.
The thing is as we all know its such a long and drawn out process and such a waiting game.

I was in a similar situation a few months ago.He moved out before he was obliged to (Hurrah!) I had little confidence that he would pay the arrears,and was gearing up to apply to the C.C.I was gobsmacked when he went into the  agents at the 11th.hour and offered to pay up with two payments within two weeks.It took a bit longer,but he did pay.I can only assume that having a CCJ against ones' name is becoming a real deterrent,because he would not have done this out of any sense of decency towards me!   I hope your idiot (sorry,tenant) sees sense. Good luck.

Help please
AST commenced 24 jan 2015 for one year expiring 23 Jan 2016.
I issued section 21(4) on 1st March for possession 22nd May 2016.
Should this date have been 23 May 2016?

Thanks
Allison