Section 21 Help

xapprenticex

We are having problems with a tenant, anti-social, takes/sells drugs, parties, no regard for people who have to get up in the morning to work etc.

I am working with the landlord trying to find out the best way to get rid of him. We went the section 8 route but the previous manager did not follow it though.

We decided to do another Section 8 and get him under grounds 8, 10, 11, 12, 14, rather than just evicting him based on rent which I doubt will work.


I have come up with the idea of going down the section 21 rout instead, sure we will have to give him 2 months notice but at least the eviction is guaranteed.
I did read that proving a tenant is anti-social at the court hearing is notoriously hard and we need him out ASAP.
The tenancy agreement does not say you must stay for a minimum amount of time, it only asks that you give one weeks notice if you want to leave. So you can stay very short term or as long as you like and don’t break the rules or conditions.


From what I have read, the tenant must be here for at least 6 months before we can evict him, he arrived last October, if we hand him the eviction notice now, he will be over the 6 month minimum stay when the date on the s21 expires. Then hopefully we can get rid of him soon after.

Have I understood this correctly? If I’m missing something out or if there is something you think I should know then please feel free to help me out, I would appreciate it as I’m still learning myself.

Thank you.

theartfullodger

So, let me guess, you are a letting agent & don't understand Landlord/Tenant law, have only just thought of S21 & have not done any training in S8, S21 or LL/T law...

And the landlord is paying for your services & you are asking for advice here ???

I could be wrong of course...

Sigh...

Suggest you ask your employer to train you: If they won't, find a better employer...

Cheers!

xapprenticex

theartfullodger wrote: »

So, let me guess, you are a letting agent & don't understand Landlord/Tenant law, have only just thought of S21 & have not done any training in S8, S21 or LL/T law...

And the landlord is paying for your services & you are asking for advice here ???

I could be wrong of course...

Sigh...

Suggest you ask your employer to train you: If they won't, find a better employer...

Cheers!

Wrong in every way possible, but that's besides the point, should you wish to help me out, I would appreciate it, if you don't, then take care.

G_M

I came to the same conclusion as artful:

I am working with the landlord trying to find out the best way to get rid of him. We went the section 8 route but the previous manager did not follow it though.

We decided to

Perhaps you'd like to expalin the set-up/relationships?

If you want serious advice, provide details of the tenancy agreement.

Is this a tenancy or lodger set-up?
HMO?
House share?

I ask because of the "1 week notice" clause. Very unusual in an AST (at least in a decent one!).

If AST - start date? Term? End date? One named tenant or joint tenants?......

Ulfar

If you are a "professional" then I suggest you get some training in your area of "expertise". You could read any one of the threads on here about people being evicted by dodgy LA/LL and the responses involved will give you some very useful information.

Also there are forum rules and data protection implications for you posting on a public forum.

xsupercarlx

G_M wrote: »

I came to the same conclusion as artful:
Perhaps you'd like to expalin the set-up/relationships?

If you want serious advice, provide details of the tenancy agreement.

Is this a tenancy or lodger set-up?
HMO?
House share?

I ask because of the "1 week notice" clause. Very unusual in an AST (at least in a decent one!).

If AST - start date? Term? End date? One named tenant or joint tenants?......

Hi

Its a HMO

I agree, 1 week notice is not common but it is one weeks notice, most of the people are on benefits.

There is a start date which is when you are scheduled to move in, no term date, no end date.

Some people do actually come for just one or two weeks, but most stay longer.

theartfullodger

In response to my earlier post which included..

So, let me guess, you are a letting agent & don't understand Landlord/Tenant law, have only just thought of S21 & have not done any training in S8, S21 or LL/T law...

answer came, there...

xapprenticex wrote: »

Wrong in every way possible...

So clearly xapprenticex must understand Landlord/Tenant law & have done training in S8, S21 and LL/T law...

Ah, silly me.. Well, in that case look at the notes and materials from your training and, hey presto, you'll find all the answers to you own questions!!


So, are you employed by the Landlord (which, cf council housing officers, makes you pretty much the landlord in many circumstances..) or work for some other body (solicitor, eviction thugs, landlord association) engaged by the Landlord..????

I note that "xsupercarlx" states..

Its a HMO

I agree, 1 week notice is not common but it is one weeks notice, most of the people are on benefits.

There is a start date which is when you are scheduled to move in, no term date, no end date.
.........

I assume one & the same person - so how many other identities do you have ?? All very odd - something funny going on here I'm sure

How often is the rent payable (not how often paid, but how often does the tenancy agreement state it should be paid...) Assuming weekly then you do provide up-to-date rent books?? You were clearly trained in the implications of notice period differences for weekly & monthly tenancies..(different for S8 & S21 as you know fine well..) aye, right...

So, it's a HMO. Is it licensed with a valid current license & no more than the licensed number of occupants resident??

You'll appreciate quite a few HMO related offences are criminal &, depending on what the landlord, his staff, associates or agents get wrong the rent can be repaid to the tenants....

Is there a written tenancy?? Are deposits taken?? If deposits are they in a govt. scheme & has the "prescribed info" been served on the tenant??

Is this in England, Wales or Scotland??

You say tenant is behind with the rent - I presume also on benefits (??) - HB/LHA I guess rather than, say, child benefit or winter fuel allowance. .. If HB/LHA is it paid direct to LL (in which case why behind with rent)??

The landlord is what - private person, educational establishment, charity, HA, (?? council for a council hostel??), what ??

Oh, and re..

Then hopefully we can get rid of him soon after.

Where in your training did you get that idea?? Getting a possession order (even assuming all the paperwork is correct - now why do I question that possibility..), then booking bailiffs can take several months... or can you shed light on something wonderful you presumably know but us 'umble scum clearly don't...

Cheers!!

then take care.

G_M

How often is rent due?

Sounds like a Contractual Weekly Periodic AST.

Serve notice accordingly.

xsupercarlx

G_M wrote: »

How often is rent due?

Sounds like a Contractual Weekly Periodic AST.

Serve notice accordingly.

Hi, rent is due each week, so i think you're right there.

Yeah, ill tell him when i see him next to serve a section 21, give the guy his 2 months, hopefully he will leave in that time otherwise it will take a little (I hope) while longer.

N79

xsupercarlx wrote: »

Hi, rent is due each week, so i think you're right there.

Yeah, ill tell him when i see him next to serve a section 21, give the guy his 2 months, hopefully he will leave in that time otherwise it will take a little (I hope) while longer.

Of course, if it is a contractual weekly tenancy then the notice period is not 2 months......as I'm sure the expertly trained xapprenticex can tell you.

In the meantime there will be no more from me until I understand a little more about this set up!

jjlandlord

N79 wrote: »

Of course, if it is a contractual weekly tenancy then the notice period is not 2 months......as I'm sure the expertly trained xapprenticex can tell you.

2 month notice is the statutory minimum for a s.21 notice.
The tenancy period is less, and the tenancy agreement does not seem to specify a notice period longer than that. So the s.21 notice period is no less than 2 month and should seek possession after the last day of a weekly tenancy period.