Repossession of rented home (section 21)

lyndylorraine

Hi everyone,

I filed a section 21 on the 4th June after having a lot of trouble with a tenant, there is no sign that the tenant will leave at the end of the 2 months.. What are the steps I can do to ensure that she leaves?

Is there anything I can prepare now to speed up the process of eviction?

Thank you in advance!

Lyndy

Colincbayley

I am assuming you have issued the S.21 correctly, have protected any deposit and that you are in England or Wales.

If so, you do nothing until the 2 months are up, then apply to the courts for a possession order.

PasturesNew

Are they on an AST? Or a periodic agreement?
On what date did they start/move in?
Is there a deposit? Is it in one of the schemes?

nollag2006

You may get a fuller response on landlord zone: http://www.landlordzone.co.uk/forums/

I know it's of no comfort to you now, but this is why I serve a s21 notice to tenants immediately once they move it. It just expedites the eviction process. Never had to enforce it yet.

Best of luck - hope it works out

lyndylorraine

Hey! Thanks for your quick replies.

The tenant was initally on a 6 month AST from the beginning of October '09. Which expired April. She's now on a periodic agreement. The deposit has been somewhat of an issue, she has taken me to court for 3 times deposit - the result is 'pending' until the 2 high court cases are finalised regarding securing the deposit within the 14days notice from tentant (as I did).

Is there a form I need to send to the court for a possession order? And can I prepare this form before the end of S21.

I used a Section 21 template from landlordzone. So that should be fine.

Thanks again,

Lyndy

G_M

nollag2006 wrote: »

You may get a fuller response on landlord zone: http://www.landlordzone.co.uk/forums/

I know it's of no comfort to you now, but this is why I serve a s21 notice to tenants immediately once they move it. It just expedites the eviction process. Never had to enforce it yet.

Best of luck - hope it works out

I fail to see why serving a S21 immediately as opposed to, say, 2 months and 1 day before the end of the fixed term, expedites the process?

But it does tend to send a negative signal to a tenant just starting out in their tenancy.

Colincbayley

lyndylorraine wrote: »

Is there a form I need to send to the court for a possession order? And can I prepare this form before the end of S21.

I used a Section 21 template from landlordzone. So that should be fine.

Thanks again,

Lyndy

www.possessionclaim.gov.uk

Colincbayley

nollag2006 wrote: »

but this is why I serve a s21 notice to tenants immediately once they move it. It just expedites the eviction process.

If you do indeed serve a S.21 immediately a tenant moves in, then ensure that BOTH the AST and the S.21 are not only dated but also timed. With the S.21 showing a time AFTER the AST was signed.

If both an AST and a S.21 are issued the same day and without being timed, then you could find it hard to PROVE to a court that the S.21 was issued after the AST.

nollag2006

Colincbayley wrote: »

If you do indeed serve a S.21 immediately a tenant moves in, then ensure that BOTH the AST and the S.21 are not only dated but also timed. With the S.21 showing a time AFTER the AST was signed.

If both an AST and a S.21 are issued the same day and without being timed, then you could find it hard to PROVE to a court that the S.21 was issued after the AST.

Good point - I usually issue it a day or two after the tenancy commences, to get around this issue. No tenant has ever questioned it.

tbs624

Colincbayley wrote: »

If you do indeed serve a S.21 immediately a tenant moves in, then ensure that BOTH the AST and the S.21 are not only dated but also timed. With the S.21 showing a time AFTER the AST was signed.

If both an AST and a S.21 are issued the same day and without being timed, then you could find it hard to PROVE to a court that the S.21 was issued after the AST.

..and remember that in Eng/Wales, the s21 is not valid if served whilst a T's deposit remains unprotected.

Housing Act 2004

Expand All Explanatory Notes (ENs)
215 Sanctions for non-compliance

(1) If a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when—

(a) the deposit is not being held in accordance with an authorised scheme, or
(b) the initial requirements of such a scheme (see section 213(4)) have not been complied with in relation to the deposit.

(2) If section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.

The Deposit Regs have been in place for a good while now - there is no excuse for a LL failing to comply.

G_M

nollag2006 wrote: »

Good point - I usually issue it a day or two after the tenancy commences, to get around this issue. No tenant has ever questioned it.

Maybe not. But a court certainly would if the S21 is issued before/same time as the AST OR before the deposit has been properly lodged/protected (Eng/Wales).