serving Section 21 - a few Q's

hazelnutter

I plan to serve a section 21 notice on my tenant but dont live close enough for it to be hand delivered. Am i ok to send via courier? That way we will have proof of receipt and i can ensure the courier hands it to the tenant and no one else in the property.

Also, does the section 21 have to be typed or will hand written do?

Do i have to include children under 18 on the form as they were included on the tenancy agreement?
Thanks

PasturesNew

Are you sure it's legal to issue it, have you got your dates right?
Is the deposit in a TDS?
What date did the tenancy start, is it under an AST (what are the dates?), what date will the S21 be delivered? what date do you want them out by?

clutton_2

normally children under 18 cannot legally form part of a tenancy agreement

you dont need a courier.. send 2 copies of the S21 in separate envelopes, post from separate post offices, get proof of postage....

N79

clutton wrote: »

normally children under 18 cannot legally form part of a tenancy agreement

you dont need a courier.. send 2 copies of the S21 in separate envelopes, post from separate post offices, get proof of postage....

Just posted to add - Use first class postage only. Don't use registered post as Ts may refuse to sign.

Also agree that children should not have been named on the tenancy agreement. Was there a special reason in this case or did you just make an error?

tbs624

clutton wrote: »

normally children under 18 cannot legally form part of a tenancy agreement

An under 18yr old can hold a joint tenancy with an adult with whom they are living. That adult holds the tenancy "in trust" until the young person reaches the age of majority.

Tenancies may also be granted direct to 16 and 17 year olds - equitable tenancies.Legal trust is held by an adult,usually a relative or social worker, but could even be the LL him/herself.

N79

tbs624 wrote: »

An under 18yr old can hold a joint tenancy with an adult with whom they are living. That adult holds the tenancy "in trust" until the young person reaches the age of majority.

Tenancies may also be granted direct to 16 and 17 year olds - equitable tenancies.Legal trust is held by an adult,usually a relative or social worker, but could even be the LL him/herself.

Indeed - but none of these cases should be applied to a tenancy by a LL without detailed legal advice. Hence in my post I used the term "should not" and asked about the circumstances / special reasons for doing so. If the S21 is going to be picked over by an expert holding a tenancy in trust then it will need to be served to a very high standard (assuming that such a tenancy does not fall outside the AST definition).

clutton_2

tsb i did say "" normally children under 18 cannot legally form part of a tenancy agreement"

i have given tenants under 18 a joint AST as per N79's advice

tbs624

clutton wrote: »

tsb i did say "" normally children under 18 cannot legally form part of a tenancy agreement"

Apologies to the OP - slightly OT.

Clutton, do try not to take things personally if someone picks up and follows on what you post.

The problem with forum posts is that people often pick up brief snippets and requote from one thread to another and a form of 'net mythology creeps in.

My post was intended as further clarification of what you had said. I'm sorry if you take that as being "nit-picky" , although I see you have now edited that particular comment out of your follow up post;)

The purpose of the forum is as a form of information exchange - the wider the knowledge base of LLs and Ts the better it is for all.

As we both frequently say, if you don't want/can't handle input from others then don't post on a public forum.

tbs624

N79 wrote: »

Indeed - but none of these cases should be applied to a tenancy by a LL without detailed legal advice. Hence in my post I used the term "should not" and asked about the circumstances / special reasons for doing so. If the S21 is going to be picked over by an expert holding a tenancy in trust then it will need to be served to a very high standard (assuming that such a tenancy does not fall outside the AST definition).

Thanks for your response N79 - I had however noted the fuller content of your post (to which I had added thanks) and hence it was not requoted alongside Cluttons post

clutton_2

soz tbs - got the grumps today.. hence my retrospective edit ! you are quite right re the more info the better....

tbs624

clutton wrote: »

soz tbs - got the grumps today..

In which case perhaps one of those dodgy :grouphug:things may bring a smile to your face.....;)