Serving a Section 21 Notice on a Tenant.

N79

In which case you must protect the deposit before any S21 can be served (effectively ruling out serving the S21 on day 1). Since the S21 can be served any time in the first 4 months, why are you in such a rush to do it on day 1?

franklee

Ronal, Have you told the tenant you will be requiring her to leave at the end of the six months? It costs a lot of money and hassle for a tenant to move so I hope you've made it clear upfront the short time she's getting.

satchmeister

Ronal wrote: »

I am aware that the section 21 notice will not give me immediate Possession but will speed the process up, which is what I am after.

I was told it must be signed at the same time as the AST, is this not correct then tbs624, I am in the process of registering the deposit today anyway?

Thanks

You also have appropriate LLs insurance as well I assume.

Geenie

Ronal wrote: »

Hi,

I have a tenant moving into my house tomorrow, as she is unemployed and seeking housing allowance her parents will be guarantors (they have been reference checked).

As I do not normally accept this calibre of tenant and declined her on our initial conversation, the tenant offered to pay me 6 months rent upfront and only sign a 6 month AST, I would like to serve a section 21 Notice and have it signed along with the AST tomorrow.

What I am struggling with is the date that goes on the Section 21 Notice, I would like to have the assurance that on the final day (the end of the 6 months) I can get the property back immediately.

I think the tenant is a good person and do not suspect any foul play arising, it is more just as a precautionary measure incase.

Any advise will be appreciated.

Thanks

Who is paying the 6 months up front, as HB in my experience will only pay monthly, and even then are slow and need confirmation which can take time?

If you are getting the money into your account and cleared before the start of the tenancy.....which I am assuming you are doing being a sensible LL :cool: I cannot see why you think this tenant is not as serious or will not be as good as your previous professionals.

I have never had tenants paying up 6 months in advance, who have not been good tenants. It is a serious amount of cash for them or their family, so they want it to work.

You do come across very snooty when going on about the calibre of tenant, as clearly your property has not attracted the sort you think it deserves......ie professionals with loads of dosh.

There must be a reason you are driven to accepting a person on benefits as rental properties of a good standard are in high demand at present!! So I would stop looking down your nose at someone who is prepared to invest 6 months of their money into a place that no one else wants to rent, and invest in being a good and fair LL.



Good luck OP.

rpc

If her parents are guaranteeing the rent after the first six months, is there really an issue after the fixed term is up? Once on a periodic tenanacy you could, if you wish, give notice as soon as any rent is missed at all and then go directly for the parents to reclaim it.

tbs624

Ronal wrote: »

I am aware that the section 21 notice will not give me immediate Possession but will speed the process up, which is what I am after.

I was told it must be signed at the same time as the AST, is this not correct then tbs624, I am in the process of registering the deposit today anyway?

Nope - as I said before, if you want to be able to rely on that S21 in Court you have to be able to show that your S21 was served AFTER the T signed the tenancy agreement
(as well as *after* the reg of the deposit)

Quite simply, an S21 Notice refers to an existing AST so if it can be shown to have been "served" prior to the AST actually being signed it will be rendered invalid. Idiot LLs/LAs who attach an S21 Notice to the back of an unsigned tenancy agreement are likely to come unstuck.

You also need to think about the message that you are sending to your new T. Many Ts who are routinely served with a S21 from day one will view your property as a *very* temporary home and may well look around for something better in time for FT expiry. Ts on a Fixed Term do not have to give a LL notice - they can simply up and off on that very last day, leaving you with a potential void.

I agree with Geenie on your comments about "calibre" of T - not every LHA claimant is some lower form of life out to rook their LL Some claimants may well be more highly qualified, and have a stronger work ethic than you do, but have been recently made redundant or gone through a relationship breakdown. Perhaps the increasing job loss figures have passed you by...........

BitterAndTwisted

Eh, if I was this tenant as soon as I received that S21 I would be absolutely determined to not allow any viewings whatsoever during my tenancy. Moving is expensive and time-consuming and I honestly think in these circumstances you'd deserve to have a void period in six month's time. Never forget that a contract is a two-way street.

Wings

BitterAndTwisted wrote: »

Eh, if I was this tenant as soon as I received that S21 I would be absolutely determined to not allow any viewings whatsoever during my tenancy. Moving is expensive and time-consuming and I honestly think in these circumstances you'd deserve to have a void period in six month's time. Never forget that a contract is a two-way street.

Agree, and not just the wording of the contract/agreement, but also the spirit the same is entered into. If at the outset the LL and tenant agree that it will be for a fixed term tenancy, then as N79 posted there is no need to issue at Section 21 Notice on day 1.