Notice to quit Section 21

kier333

Can anyone please give me information regarding a section 21. What i need to know is say you had a 6 month tenancy and it was to expire on say 19.02.2011, and you wanted the tenant to move out when should you let them know, ie now and then iussue a section 21 on the 19.02.2011, I am aware you need to give the tenant the 2 months to leave, does the date they pay rent have any impact? they also pay rent on the 19th. Reason for the question is a friend needs back there property due to some unforeseen circumstances.

Also where would they get a section 21 template and how do you serve it, by hand, recorded etc?

Thanks

kier333

theartfullodger wrote: »

A Section 21 notice is not a "Notice to quit" (although many landlords & agents think it is..". It is simply a notice to state that from the expiry date the landlord may start legal proceedings to have tenant evicted.

Many landlord, a few agents & some solicitors manage to get the notices wrong...

Cheers!

Artfulk

Ok thanks, so how do you inform to a tenant that you require a peoperty back from the said date, ie is it a section 21 you use? or is there another way. My friend has in fact spoke to the tenant yesterday that he will be giving the 2 months notice as from the 19th of this month, ie at the end of the AST. I think he felt it was the right to give them a heads up and provide them with as much time as possible to find another property, however on the 19th he would like to issue notice formally and thats the question i ask on his behalf.

G_M

If your friend wants the property back at the end of the 6 month fixed term on 19/2/11 then he would have been well advised to issue the S21 2 months ago. That would
a) have "given them a heads up and provide them with as much time as possible to find another property," and
b) aligned the S21 with the timeframe the LL had in mind

He would then be in a position to start legal procedings on the 20th Feb if the tenant did not move out. As it is, he will have to wait another 2 months.

However, this all assumes that the landlord and tenant do not or cannot reach an amicable solution. It may well be that the tenant knows the fixed term ends on 19 Feb and is planning, or willing, to move out on that date. Again, of course, it would have been sensible to have discussed this with the tenant earlier since the tenant may not know the LL wants the property back, and now has very little time to arrange new accomodation.

The best approach is therefore to:
a) discuss the situation with the tenant, and be willing to be flexible. The tenant may agree to move out on the 19th, or in a further month, or may insist on 2 full months and agree o move out on 19th April.
b) However the tenant may not wish to move out at all. So issue the S21 as well so that if the tenant stays beyond 19th April, the LL can then start legal proceedings.

Since the LL clealy does not seem to understand the law in this area (and hence possibly in other areas also) he would be well advised to look at the following links and educate himself/obtain the appropriate support:


RLA(landlord’s Association)

NLA(landlord’s Association)

Landlordzone (landlord’s information/advice website + forum)

Landlord Law (Property solicitor’s website for landlords)

The Complete Guide to Residential Letting (book)

HMRC (Property tax)

Deposits(Rules on deposit protection)

Shelter England (tenants’ rights)

ParagonAdvance (tenant referencing provider – there are others)

kier333

G_M wrote: »

If your friend wants the property back at the end of the 6 month fixed term on 19/2/11 then he would have been well advised to issue the S21 2 months ago. That would
a) have "given them a heads up and provide them with as much time as possible to find another property," and
b) aligned the S21 with the timeframe the LL had in mind

He would then be in a position to start legal procedings on the 20th Feb if the tenant did not move out. As it is, he will have to wait another 2 months.

However, this all assumes that the landlord and tenant do not or cannot reach an amicable solution. It may well be that the tenant knows the fixed term ends on 19 Feb and is planning, or willing, to move out on that date. Again, of course, it would have been sensible to have discussed this with the tenant earlier since the tenant may not know the LL wants the property back, and now has very little time to arrange new accomodation.

The best approach is therefore to:
a) discuss the situation with the tenant, and be willing to be flexible. The tenant may agree to move out on the 19th, or in a further month, or may insist on 2 full months and agree o move out on 19th April.
b) However the tenant may not wish to move out at all. So issue the S21 as well so that if the tenant stays beyond 19th April, the LL can then start legal proceedings.

Since the LL clealy does not seem to understand the law in this area (and hence possibly in other areas also) he would be well advised to look at the following links and educate himself/obtain the appropriate support:


RLA(landlord’s Association)

NLA(landlord’s Association)

Landlordzone (landlord’s information/advice website + forum)

Landlord Law (Property solicitor’s website for landlords)

The Complete Guide to Residential Letting (book)

HMRC (Property tax)

Deposits(Rules on deposit protection)

Shelter England (tenants’ rights)

ParagonAdvance (tenant referencing provider – there are others)

Thanks for the reply, he only just found out that due to a change of circumstances he requires the property back. He contacted the Tenant yesterday and informed them of the situation (as a heads up), he also informed them that he would give them official notice ie Section 21 on the 19th Feb which is the end date of there AST and that he will serve notice giving them 2 months notice, he also informed them that if they were to find a property ie next week/next month then they are free to leave to suit there needs. He understands that they are legally allowed to stay until 19th April and although he could do with the property back sooner he is happy to receive the property back on the 19th April as per the notice. He understands as far as i know his responsibilities as a LL, but is a little confused as to when he needs to issue the Section 21. Is it anydate before the 19th, is it on the 19th? I think the confusion has arose as on the 20th Feb they go on to a periodic tenancy and as such is it not different in the way you serve the section 21?

G_M

Serve the notice to be received before the 19th.
Serve by one or preferable more of the following ways:

Recorded delivery (if tenant declines to accept/sign for delivery it is not received!) - hence the following two.
In person but with a witness.
1st class post with proof of posting
1st class post with proof of posting from a 2nd post office

BitterAndTwisted

No, it doesn't make any difference to the notice required between being on an AST and a periodic in this instance. Your friend can serve the notice at any time between today and the 19th

kier333

G_M wrote: »

Serve the notice to be received before the 19th.
Serve by one or preferable more of the following ways:

Recorded delivery (if tenant declines to accept/sign for delivery it is not received!) - hence the following two.
In person but with a witness.
1st class post with proof of posting
1st class post with proof of posting from a 2nd post office

Thank you, as the property is rented to two tenants ie they are partners is it one letter each? or will one do for both?

I have register on LLZONE and found the section 21 template letter, however it asks for "DATE OF EXPIRY OF THIS NOTICE" would this be the 19th April if they AST expires on the 19th Feb?

Also can anyone confirm if as they notice will be issued on the 19th,how does it all work with regards to what type of notice ie AST or Periodic type? obviously the tenancy expires on the 19th and as such providing the letter is issue on or before this date falls into the periodic tenancy would it be the ast notice i give even though they will live there for up to 2 months after the ast has expired?

Any help will be great

BitterAndTwisted

You've already been told that for your tenants it doesn't make any different whether they are on an AST now or will be on a periodic tenancy from the 20th of this month. Serve your Notice addressed to whoever is named on the tenancy agreement before or on the 19th to expire on the 19th of April.

If you don't get the dates right and everything else on this S21, should the tenant decide not to leave and you have to go to court to enforce it, it will be chucked out in a trice and you'll have to start all over again

kier333

BitterAndTwisted wrote: »

You've already been told that for your tenants it doesn't make any different whether they are on an AST now or will be on a periodic tenancy from the 20th of this month. Serve your Notice addressed to whoever is named on the tenancy agreement before or on the 19th to expire on the 19th of April.

If you don't get the dates right and everything else on this S21, should the tenant decide not to leave and you have to go to court to enforce it, it will be chucked out in a trice and you'll have to start all over again

Thank you, on the top of the template letter ir states

Your AST Tenancy or
Your Periodic tenancy

My question is which one do i tick, i am assuming "Your AST Tenancy" as it is issued while they are still in there AST. Sorry if i am coming across as thick, however as you state i want to make sure the information i provide my friend is 100% correct.

kier333

kier333 wrote: »

Thank you, on the top of the template letter ir states

Your AST Tenancy or
Your Periodic tenancy

My question is which one do i tick, i am assuming "Your AST Tenancy" as it is issued while they are still in there AST. Sorry if i am coming across as thick, however as you state i want to make sure the information i provide my friend is 100% correct.

Anyone???????

kier333

One final question, tenants are asking about the return of the deposit ie when will they get it back. It is in a deposit scheme, however am i correct in saying that if both my friend the LL and the tenant are satisfied then both parties enter the code they have and this releases the monies to the LL to return to the tenant? If so how long does all this take as the tenant require the funds back in cash on the day they depart.

Thanks