When and how to give S21 notice, dates etc?

tbs624

puddy wrote: »

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.

and yet your friend has agreed for the deposit of *£580* to be drawn down for outstanding rent, leaving himself with no financial buffer for any damage caused by the T?

puddy wrote: »

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?

As others have said, the Ts should be advised to get their own proper advice.

Reluctant LLs have to get their heads around this sort of scenario *before* they let out a property not when it all actually starts going belly up

puddy

totally agree, but im not his mum!!!

theres no way i would have allowed the deposit to be withdrawn and i said at the time to ensure that it wouldnt cause problem in the event of a potential eviction or whatever

tbs624

puddy wrote: »

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'?

s21 notice is two months so you'd be looking at proceeding to court after 7 *November*

Wee_Willy_Harris

puddy wrote: »

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

I bedroom LHA rate in Blackwater is £593 a month (£747 in Guildford) so they should be able to afford the rent charged. Your friend can always try and get the LHA paid direct to jim (and carru on with eviction if he so chooses). Although LHA stipulate 2 months arrears prior to LHA being paid direct toLL, they do have some flexability with this and the threat of eviction would, obviously, be a strong mitigating factor. At least his rent is guaranteed that way.

Wee_Willy_Harris

puddy wrote: »

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!

They may not even be housed at all!! The local authority don't have a duty to house everyone. In fact, they don't even have a duty to house everyone who is homeless, so they may well end up literally homeless.

puddy

tbs624 wrote: »

s21 notice is two months so you'd be looking at proceeding to court after 7 *November*

sorry, yes, i meant november, getting confused

just want to confirm, if it was my flat, i would have sold it, i do not agree with accidental landlordism!! if i was a landlord i would be doing everything by the book, but im simply trying to get answers for my friend who is trying to do the process right because her boyfriend isnt sure about it. im not responsible for his choices!!

but thanks for the help anyway

puddy

Wee_Willy_Harris wrote: »

I bedroom LHA rate in Blackwater is £593 a month (£747 in Guildford) so they should be able to afford the rent charged. Your friend can always try and get the LHA paid direct to jim (and carru on with eviction if he so chooses). Although LHA stipulate 2 months arrears prior to LHA being paid direct toLL, they do have some flexability with this and the threat of eviction would, obviously, be a strong mitigating factor. At least his rent is guaranteed that way.

yes, i was confused, as are my friend and her boyfriend. they were told initially that the lha for this flat was £590, £10 more than the rent. after the baby came (and the couple asked for the deposit to be used for one of the months), they have told the landlord that the lha is now only £550, which doesnt make sense to me because it wouldnt go down after having a baby, if anything they are overaccommodated. the wife has simply told the landlord that there isnt enough money to pay the full rent

Wee_Willy_Harris

puddy wrote: »

yes, i was confused, as are my friend and her boyfriend. they were told initially that the lha for this flat was £590, £10 more than the rent. after the baby came (and the couple asked for the deposit to be used for one of the months), they have told the landlord that the lha is now only £550, which doesnt make sense to me because it wouldnt go down after having a baby, if anything they are overaccommodated. the wife has simply told the landlord that there isnt enough money to pay the full rent

LHA for 2 bed (for which they would qualify, regardless of the size of the property) is £747 in Blackwater and £922 in Guildford.

puddy

the local council have now told my friend, that its likely the homeless department would accept the s21 without the need to go for a posession order or an eviction order, it sounds unlikely to me but i have only ever worked in london, not in leafy surrey!

i have told people served with notice countless times, dont move anywhere until baliffs come and get you, otherwise we cant help. i also know that with a baby, they will be passed from pillar to post from housing to social services, again my experiences of this is that each dept will be keen to pass the buck onto the other dept, but again this is in very deprived areas of london, is it likely to be the same for surrey?

my friend doesnt want to do anything that might cause the need for the couple to be court evicted, hence she thinks that it might make the problem worse if the landlord seeks the rent direct from LHA because then the couple will have been seen to have withholding rent from the landlord, and might be seen to have caused the eviction,,, is this right?

Wee_Willy_Harris

puddy wrote: »

the local council have now told my friend, that its likely the homeless department would accept the s21 without the need to go for a posession order or an eviction order, it sounds unlikely to me but i have only ever worked in london, not in leafy surrey!

i have told people served with notice countless times, dont move anywhere until baliffs come and get you, otherwise we cant help. i also know that with a baby, they will be passed from pillar to post from housing to social services, again my experiences of this is that each dept will be keen to pass the buck onto the other dept, but again this is in very deprived areas of london, is it likely to be the same for surrey?

my friend doesnt want to do anything that might cause the need for the couple to be court evicted, hence she thinks that it might make the problem worse if the landlord seeks the rent direct from LHA because then the couple will have been seen to have withholding rent from the landlord, and might be seen to have caused the eviction,,, is this right?

Yes, because that is exactly what they have done.