Section 21

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  • frankleefranklee Forumite
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    Sent that email about this time yesterday. Still waiting for a reply from the letting agent. Will keep you posted on progress.

    Good email littlesaint, have you had a reply yet? :j
  • Nothing in my inbox and not had any mobile calls. This is my first day back in the office since Tuesday, so haven't been able to send the hard copy to the LA. Not sure whether they are waiting for that... If there's no answer by Monday, I will chase.
  • Well, the seemingly impossible happened and the landlady has resurfaced! I must admit that I had top resist asking the letting agency, what exactly she has been doing for the past month and a half!

    She has agreed to extend our lease for another year, with a reasonable rent increase. My flatmate checked out with the letting the situation about leaving early and we can leave together at any time, providing we give two months notice. Alternatively, we can leave individually, if we find a replacement who is willing fork out for reference checking fees, etc.

    Well, hopefully that's the end of this particular Saga. Thanks to anyone who has offered advice, especially Tiglet, Franklee and Pru. I hope by sharing this story with you, it has helped others in this situation.
  • Good news! May you have a pleasant rental!
    FREEDOM IS NOT FREE
  • TigletTiglet Forumite
    401 Posts
    That's brilliant news. Hope it goes well for you all!
  • frankleefranklee Forumite
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    Well, the seemingly impossible happened and the landlady has resurfaced! I must admit that I had top resist asking the letting agency, what exactly she has been doing for the past month and a half!

    Excellent. If I was an old cynic I'd say your email prodded the agent into trying that bit harder to reach her but I'm not ;) (That is I'm not both old and a cynic).
    She has agreed to extend our lease for another year, with a reasonable rent increase. My flatmate checked out with the letting the situation about leaving early and we can leave together at any time, providing we give two months notice. Alternatively, we can leave individually, if we find a replacement who is willing fork out for reference checking fees, etc.

    Sounds good, but again make sure all about your leaving early is in writing. Does this mean that your landlord can give you notice during the year too or is it just your side can do that?
    Well, hopefully that's the end of this particular Saga. Thanks to anyone who has offered advice, especially Tiglet, Franklee and Pru. I hope by sharing this story with you, it has helped others in this situation.

    Don't forget to look out for the next Section 21 Notice Requiring Possession you are issued, if the agent does this routinely you'll get one with the new contract :( Be aware that you'll be back in this same position when the new S21 expires, possibly earlier than a years time if the landlord can give notice during the year as asked above, so check the date on any new S21!

    But all in all I'm glad to hear you've got a good result. It's a shame you had to go through the hassle but that's what happens when S21 notices are issued when the landlord doesn't want possession, the good tenants get the runaround! Your landlady is lucky to keep you.

    PS This thread (in general, not littlesaint's case) has caught the attention of the posters on landlordzone, so anyone interested in the finer details of the Sword of Damocles may want to pop over there for a look. They're wanting some case law too ...
  • Thanks! Just got the extension document today.Yes, the landlord has a two month breakclause aswell. Not received the s21 yet, I expect we'll get that with our copy of the signed extension. That's what happened last time.
  • I am due to issue a tenancy agreement on the 1st march 2007, alongside this I wish to issue the section 21 notice of possession.

    I am a little confused what date do I put in the date of expiry? Also does it matter what date I sign the notice.

    Should I also ask the tenant to be to sign a letter that indicates they have received and understood the section 21 (is this a must)


    Thanks
  • HerbHerb Forumite
    84 Posts
    jazz holiday

    this has been a long thread, and I understand why forgetful, fee charging agents might want to issue a S21 at the start of the tenancy - ie to get more money from everybody every 6 months - but if you are managing it yourself - why do you want to do this?

    Is it because you definitely want the tenant to leave at the end of six months?
  • TigletTiglet Forumite
    401 Posts
    I am due to issue a tenancy agreement on the 1st march 2007, alongside this I wish to issue the section 21 notice of possession.

    I am a little confused what date do I put in the date of expiry? Also does it matter what date I sign the notice.

    Should I also ask the tenant to be to sign a letter that indicates they have received and understood the section 21 (is this a must)


    Thanks

    A s21 notice has to expire at the end of a period that your tenant payts rent for. If you issue it at the start of the tenancy, then it should expire at the end of the fixed term. So if you are issuing a six-month tenancy, with the fixed term running frm 1/3/07 to 31/8/07, your s21 notice will say that you require possession AFTER 31/8/07.

    The date you sign the s21 notice isn't critical, so long as you remember two points: first, that you have to give at least two months' notice, and second that you cannot issue the s21 notice before there is a tenancy agreement in place.

    (I can't work out what happens if you issue a tenancy that doesn't start immediately - I'm not sure whether the earliset date you can serve the s21 notice is the date the agreement is signed or the date the tenancy starts)

    As far as I can see, the only reason to issue a s21 notice at the start is so that you can get the tenants to sign to say that they have received it, eliminating any confusion later. There's no need for them to sign to say that they've understood it, just that they've received it although, if they don't realise that you want them out, then you will probably have trouble getting them to leave.

    For my money, there's no point in telling your tenants you want them to move out unless you actually do (although not everyone will agree). Littlesaint's experiences of the past few weeks show the problems that could arise. It's not just the tenant who suffers - you could easily end up out of pocket if your tenants move out because you forgot to tell them that you didn't really mean it.
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