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Sect. 21 questions

Hi, new poster. Have searched quite extensively to make sure I'm not repeating a very common post, sorry if I am. I let my flat through an letting agent & they served my tenant with a section 21 two months ago. The tenancy comes to an end at the end of this month and he's told the letting agent he does not plan to leave. I understand that I now have to apply to court. This is what I don't know.

1. How quick is the process, typically, at this time of year, in London? From beginning to bailiffs?

2. I don't understand how rent works in this period. If he pays and I accept it, does this invalidate my s. 21? Does it become a new rental period that I have to apply for a new 21 for? (His rent is very low for the area and I would not have agreed to it at the current rate for another term.) I've heard/read different things on this point.

3. Who will pay for the court costs?

I understand that this is someone's home, but it is a furnished flat, which should make a move easier. He has been a tenant for 2 years. Two separate one year agreements. Thanks for your help.
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Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    jrgazette wrote: »
    Hi, new poster. Have searched quite extensively to make sure I'm not repeating a very common post, sorry if I am. I let my flat through an letting agent & they served my tenant with a section 21 two months ago. The tenancy comes to an end at the end of this month and he's told the letting agent he does not plan to leave. I understand that I now have to apply to court. This is what I don't know.

    1. How quick is the process, typically, at this time of year, in London? From beginning to bailiffs?

    This part of the process is entirely dependent on how busy the courts are. I understand that in some parts of the city there are queues of landlords trying to gain possession of their properties in time to capitalise on the Olympics.

    2. I don't understand how rent works in this period. If he pays and I accept it, does this invalidate my s. 21? Does it become a new rental period that I have to apply for a new 21 for? (His rent is very low for the area and I would not have agreed to it at the current rate for another term.) I've heard/read different things on this point.


    The rent is due and payable while the tenant is still in occupation. Accepting rent from your tenant does not affect your ability to gain possession. What is important is that the S21 Notice has been correctly served.

    3. Who will pay for the court costs?

    You will.

    I understand that this is someone's home, but it is a furnished flat, which should make a move easier. He has been a tenant for 2 years. Two separate one year agreements. Thanks for your help.

    Please do not rely on on your agent solely through this process. Some of them know less about it than my cat does. You DO NOT want to get to court only to discover that there's some error in your documentation because your application will then fail, and then you'll have to issue another S21 and then go through the whole process again. With yet another set of costs.

    What advice has the landlords association you belong to given?
  • theartfullodger
    theartfullodger Posts: 15,771 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Being furnished makes no difffereence at all.

    The tenancy does not "come to an end" when the S21 notice expires. A S21 does not end a tenancy nor require tenant to leave, it simply gives, if valid & on expiry, the landlord the right to apply for possession through the courts. I'd assume couple of months - assuming paperwork is perfect (it very often isn't..)
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Why have you issued the s21? Is it because your situation has changed or because you need this tenant to go?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    It could be either, both or another reason altogether but it doesn't really matter why this landlord is seeking possession, does it? All that matters is how to achieve it. If the OP is happy with the tenant but not the rent they could choose to issue a Section 13 and get the rent up to a market-rate. I daresay their trusty agent has advised them about all that if they are competent. Big "if".

    The answer is a correctly and proveably-served S21 Notice and then the appropriate court documentation. Then wait for a court date.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    It could be either, both or another reason altogether but it doesn't really matter why this landlord is seeking possession, does it?
    Whatever.

    I am just picking up from the statement that the tenant has indicated that he will outstay the S21 that there may be other issues.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 22 June 2012 at 12:55PM
    jrgazette wrote: »
    2. I don't understand how rent works in this period. If he pays and I accept it, does this invalidate my s. 21?

    The notice is not a notice to quit and has no impact on the tenancy.
    This means that the obligations of both parties will continue unchanged after the notice's expiry.
    jrgazette wrote: »
    3. Who will pay for the court costs?

    You will need to pay them to start proceedings.
    However, court forms asks whether you also seek that costs be awarded to you.
    If you start proceedings immediately and do not compromise your position by telling your tenant he can overstay, it is likely that the court will award costs to you (assuming possession is granted), ie. the tenant will be liable to refund you.
  • jrgazette
    jrgazette Posts: 9 Forumite
    Thank you for all your replies, very helpful.

    I don't know the details of the Section 21, only that the letting agent charged me to issue it, and I assumed it was done correctly. I don't belong to a landlords association.

    The tenant has been a good & helpful tenant throughout, I am a bit surprised that he has been non-communicative on this issue and short (to say the least) with the letting agent. I want to use the flat this summer to stay near friends and relatives. I lived there for 12 years & there are a lot of people I love there, this is my only chance to see them for an extended time. There are no issues.

    I understand there's a surplus of accommodation in London this summer because of normal tourists staying away in droves, and believe that anyone hoping to make a short term killing during the couple of Olympic weeks is going to be disappointed.

    Thanks again.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 22 June 2012 at 3:08PM
    jrgazette wrote: »
    I don't know the details of the Section 21, only that the letting agent charged me to issue it, and I assumed it was done correctly. I don't belong to a landlords association.
    What you should be aware of is that if your tenant's deposit has not been scheme registered, and the T given the scheme's prescribed information then the s21 will be invalidated.
    jrgazette wrote: »
    The tenant has been a good & helpful tenant throughout, I am a bit surprised that he has been non-communicative on this issue and short (to say the least) with the letting agent
    Regardless of the fact that a s21 is in effect a "no fault" notice can you really not see the link between what you have posted there? T is probably pi**ed off at losing his/her home, despite having been an exemplary T.Bear in mind too that you have only got the LAs version of what has or hasn't been said
    I want to use the flat this summer to stay near friends and relatives. I lived there for 12 years & there are a lot of people I love there, this is my only chance to see them for an extended time.
    Your property and your decision but if you know so many people in the area are [typo edit :none] of them in a position to offer you temporary accomodation, rather than you losing a reliableT?
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    jrgazette wrote: »
    Thank you for all your replies, very helpful.

    I don't know the details of the Section 21, only that the letting agent charged me to issue it, and I assumed it was done correctly. I don't belong to a landlords association.

    The tenant has been a good & helpful tenant throughout, I am a bit surprised that he has been non-communicative on this issue and short (to say the least) with the letting agent. I want to use the flat this summer to stay near friends and relatives. I lived there for 12 years & there are a lot of people I love there, this is my only chance to see them for an extended time. There are no issues.

    I understand there's a surplus of accommodation in London this summer because of normal tourists staying away in droves, and believe that anyone hoping to make a short term killing during the couple of Olympic weeks is going to be disappointed.

    Thanks again.
    I wonder if the tenant has sized up your S21 as Olympics related? Anyone tenant who came here with an S21 thrust into his hand to expire shortly before the Olympics, and thinking that this was the reason would be advised to sit tight and let the LL take it to court - the Olympics will be a fading memory by the time of a hearing - by which time the LL might prefer to let the tenant stay rather than take a void for the sake of punishing the tenant.

    I would suggest f your tenant is good that you do the sums - work out the cost of removing him - too late you have paid for the S21 - the loss of rent while you stay there, the further loss while you refill the void, the cost of sourcing a new tenant - and the risk that the new tenant is a bad egg. And put that against the cost of getting alternative accommodation in the area.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jrgazette
    jrgazette Posts: 9 Forumite
    edited 22 June 2012 at 4:22PM
    I'm taking my whole family, and don't want to foist two children under 6 on anyone. I don't know anyone in London with a single spare room, let alone enough for a family of four for six weeks. I've offered it to my in-laws who don't know the people I know in London. I want to renovate the flat substantially and this is the only time I can do that. And finally, I kept my flat because I wanted to be able to use it, or I would have sold it.

    "What you should be aware of is that if your tenant's deposit has not been scheme registered, and the T given the scheme's prescribed information then the s21 will be invalidated."

    I don't understand this, thank you very much for raising this issue. I'll telephone the letting agent. Thanks.

    Edit: apparently they scheme register as standard
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