When and how to give S21 notice, dates etc?

puddy

yes, i know that. i agree, but im trying to get clarification on dates, times etc, plus this thing with the deposit. would it help for the landlord to put a deposit in the scheme now, just a tenner say. the tenants dont have the money to do this now.
the tenants are desparate to move (they have informed my friend) but cant move out voluntarily as obviously they wouldnt then be housed as homeless, so the landlord wants to get the process as quick as possible, he cant do this, if he serves notice that later at eviction would be deemed invalid, that adds time to everyone (including the tenants who want to move)

tbs624

puddy wrote:

the deposit was put in a scheme, i have just confirmed with my friend that they allowed the withdrawal of it??

Sorry Puddy, bit of cross posting.

The usual procedure with unpaid rent cases is that the LL serves notices under S8, on Grounds 8, 10 and 11, plus serves a S21. Your friends need to familiarise themsleves with Schedule 2 of the Housing Act 1988. If they get their dates wrong on any Notices they will put things back by a lengthy period of time. Ts are always advised to pay down some of their outstanding amount of rent prior to any hearing

Get your friends to join up to the NLA, RLA, or Tessa Shepperson's LLaw site. Tax deductible membership fees, cheaper LL ins premiums and much useful advice on these sorts of issues. They can then be hand-led through the procedure.

puddy

Wee_Willy_Harris wrote: »

The tenants should seek advice URGENTLY as what they are proposing is doomed to failure, which may have a knock on effect with your friendly LL.

personally, i think they should stay, but they want housing. i dont think they understand the reality of what will happen, they wont get allocated a nice flat or anything, they'll get b and b or hostel accommodation. they'd be better off staying where they are

puddy

tbs624 wrote: »

Sorry Puddy, bit of cross posting.

The usual procedure with unpaid rent cases is that the LL serves notices under S8, on Grounds 8, 10 and 11, plus serves a S21. Your friends need to familiarise themsleves with Schedule 2 of the Housing Act 1988. If they get their dates wrong on any Notices they will put things back by a lengthy period of time. Ts are always advised to pay down some of their outstanding amount of rent prior to any hearing

Get your friends to join up to the NLA, RLA, or Tessa Shepperson's LLaw site. Tax deductible membership fees, cheaper LL ins premiums and much useful advice on these sorts of issues. They can then be hand-led through the procedure.

she just told me that she's looking at the free half hour solicitor thing, im not sure its enough myself but there you are.

we talked about s8, but the tenants wont be in 8 weeks arrears, the arrears are only really 30 a month.

plus, if the tenant gets evicted for rent arrears, wont that affect their homeless application? it would be deemed intentionally homeless if they are receiving hb but not paying their rent with it surely?

tbs624

puddy wrote: »

yes, i know that. i agree, but im trying to get clarification on dates, times etc, plus this thing with the deposit. would it help for the landlord to put a deposit in the scheme now, just a tenner say. the tenants dont have the money to do this now.
the tenants are desparate to move

If there was a deposit, the deposit was registered and scheme's prescribed info given to T, deposit used for rent by mutual consent and it was all dealt with via the scheme then there should not be a problem with serving a valid s21.

Next available date to do so is by 8 September.

puddy

excellent, so the procedure would be serve the 21 now, for posession after 7th october (as rent and periodic tenancy runs from the 8th to the 7th of every month)

is that correct they have missed the 8th august now, i assume you cant just give the notice a 'few days late'?

theartfullodger

but the tenants wont be in 8 weeks arrears, the arrears are only really 30 a month.

Do you mean arrrears are £30 (forget S8 then) or that arrears are £30*number of months they've been there...

What matters is the total outstanding arrears in weeks/months when the S8 is sent and when the case gets to court.. If at time of court hearing arrears are £1 below the 8 weeks or 2 months, no judgement in favour of Landlord...

Cheers!

Lodger

puddy

thats right, the arrears are 30 a month from last month, so by the time of any potential court action, you're looking at £120ish probably, i think thats why they are talking about s21

Wee_Willy_Harris

puddy wrote: »

personally, i think they should stay, but they want housing. i dont think they understand the reality of what will happen, they wont get allocated a nice flat or anything, they'll get b and b or hostel accommodation. they'd be better off staying where they are

What they'll get, in all probability, is found to have made themselves intentionally homeless, which means the council have no duty to provide them with anything. They are commiting housing suicide and, with nothing on offer vial the council, will no doubt sit it out with your friend until he goes to the trouble and expense of a full eviction. That could see them well into the new year, never mind a couple of months.

puddy

yes, ive told her that, i said that they wont be out after notice, or even after posession order, they have to wait until eviction, im thinking january at least

but after that, they will be housed, my point is that it wont be nice, it will be grotty as thats all the council will have, mind you, we are talking surrey so even the worst b and b might be nicer than my home!