Section 21

jamesd

You can serve them the section 21 and in theory that gives them two months.

In practice if they really want to cause trouble the notice ending merely starts the ball rolling on eviction proceedings. But that's true regardless of when you serve the section 21, so it really doesn't matter to the decision on whether you serve one at the start or not. A "reasonable" worst case is them evicted months after the notice ends, having wrecked the place, with you also out of pocket for court costs before you get to spend a few thousand refurbishing the place. Such are the joys of being a landlord.

clutton_2

As i understand it - here is an example

tenants move in on January 1st without section 21 on a 6 months AST.

you quickly realise they are antisocial tenants, but they pay the rent properly.
you want them to leave.
you cannot issue them with 2 months notice to quit (Section 21) until after June 30th.
You issue Section 21 on 1st July
2 months later (2nd Sept) you can apply to court for the court order to get them out.
judge gives one months "stay of execution" (they must leave by 3rd Oct)
tenants do not leave - so back to court, bailiffs appointed -
mid-late Oct tenants evicted by baliffs


If they had signed an AST with a Section 21 as part of it

the 2 months notice has already been served at 30th June and you can go straight to court to apply for immediate repossession on 1st July. This saves you two months.

Section 21's always have to have a date on them by which the tenant must leave - otherwise they are not legal. Landlord has to sign them - otherwise they are not legal. Its probably best to get tenants to sign for receipt of Section 21, but, if part of AST, then some say that the tenants signature covers recept of the Section 21 as well. i now get tenants to initial every page of the AST and number each page page 4 of 8 or whatever, so there is absolutely no doubt at all as to what was signed for.

i am currently taking a tenant to court as per above, and will report back any discrepancies as they arise.

i am not a legal expert, this is my opinion only based on years of research and reading.

Guy_Montag

why can't you issue them with a S21 in april to get them out at the end of 6 months?

clutton_2

that is the other way to do it Guy - as long as you remember !!!!

prudryden

Guy_Montag wrote:

why can't you issue them with a S21 in april to get them out at the end of 6 months?

Come on Guy. I wanted to ask that question!

prudryden

clutton wrote:

that is the other way to do it Guy - as long as you remember !!!!

Since your example was one about bad tenants. Can you issue a S8 as well as a S21? Or does it have to be one or the other?

clutton_2

i personally would try not to use grounds re unpaid rent to regain possession, as a clever tenant can pay a bit, then the judge throws it out, they then stop paying again, and you go back to court to get another hard luck story, and the tenant pays a bit more then stops again. ..... pain in the rear. Section 21 is a reason-less ground - just "i want my house back" reason.

franklee

clutton wrote:

that is the other way to do it Guy - as long as you remember !!!!

If you've got antisocial tenants that you don't want to remain in your valuable property then somehow I think you *will* remember! But if you are concerned about forgetting then why not serve the notice at the point when you decide you want them to leave?

Serving at the start as a matter of routine for all tenants only risks your losing good tenants as jamesd explains in post #30. It seems a lot to lose for the sake of being a bit organised.

clutton wrote:

i am currently taking a tenant to court as per above, and will report back any discrepancies as they arise.

Please do report back. I'd say your S21 is invalid as it was served *before* the start of the tenancy and so will be very interested to hear how you get on.

babe_ruth_3

clutton wrote:

If they had signed an AST with a Section 21 as part of it
the 2 months notice has already been served at 30th June and you can go straight to court to apply for immediate repossession on 1st July. This saves you two months.

Hi Clutton bear with me,

So, AST signed along with section21 on 1st Jan at start of tenenacy.

Question 1: Will the S21 have to be dated 30th June?

Question 2: Get to 30th June and tenants turn out to be fine. Do I then issue another one?

Question 3: Do I just keep giving them S21's say every six months just incase further down the line I need to get them out?

Sorry to persist but I really would like to understand :huh:

franklee

babe_ruth wrote:

Question 2: Get to 30th June and tenants turn out to be fine. Do I then issue another one?

It'd be a bit late, good tenants would obey the S21 and would have moved out on or before 30th June. It's the bad tenants or those relying on the council rehousing them that would stay past the expiry date of the S21...

I would be there on 30th June expecting you do be ready to do the checkout!