Sect. 21 questions

theartfullodger

Yes, very interesting, but have you checked with the scheme that the agent is telling the truth??

Can the agent PROVE he served the prescribed information?? Do you have a copy of that proof??

I fear you need to start doubting anything the agent tells you. Ask for copies of EVERYTHING!!!

Quite understand your family position but that doesn't change the legal position: Tenant doesn't have to move out, even if (and it is usually a big if..) the S21 is valid. Make sure you have a backup/alternative plan for somewhere to live!!!

With the Olympics I'd assume 2-3 months to get them out from the expiry date of a valid S21 (ie wording & dates right, deposit OK, proof of service available for everything etc etc etc)

I have known of a case when a solicitor needed 4 goes to get S21 right .. and was charging the LL for each go...

RAS

jrgazette wrote: »

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

And did they send the tenant the prescribed information before the S21 was issued?

jrgazette

You're right, I have no idea and will check all these things. Thank you so much for the advice & warnings.

DVardysShadow

Thinking some more, I would be asking Agent for a copy of the S21 which was served. It could have been served at the outset of the tenancy before the deposit was protected - [and the fee charged now] - but invalid for being served before the deposit is protected.

jamie11

Also do not forget that with the new localism act in effect now, if any of those steps protecting the deposit have not been done within the 30 day time period allowed then not only will the S21 be invalid but the tenant will have a cast iron case to sue you for 3x the deposit value

jrgazette

So what happens with rent in the mean time? Does he just keep paying it a month in advance? At the end of each year I let the property, I renegotiated a small rent rise with my tenants (less than five per cent) - but I suppose that won't even happen this year, and he'll just go on paying the same rent because there is no contract? Should this take, say, 12 weeks, that's 3 months rent at a level I wouldn't have wanted him to pay if we had drawn up a new contract.

jamie11

jrgazette wrote: »

So what happens with rent in the mean time? Does he just keep paying it a month in advance? At the end of each year I let the property, I renegotiated a small rent rise with my tenants (less than five per cent) - but I suppose that won't even happen this year, and he'll just go on paying the same rent because there is no contract? Should this take, say, 12 weeks, that's 3 months rent at a level I wouldn't have wanted him to pay if we had drawn up a new contract.

You raise the rent by issuing a S13 notice, you can do this annually.

Werdnal

jrgazette wrote: »

So what happens with rent in the mean time? Does he just keep paying it a month in advance? At the end of each year I let the property, I renegotiated a small rent rise with my tenants (less than five per cent) - but I suppose that won't even happen this year, and he'll just go on paying the same rent because there is no contract? Should this take, say, 12 weeks, that's 3 months rent at a level I wouldn't have wanted him to pay if we had drawn up a new contract.

Until the tenancy ends; either tenant moves out on a S21 notice, or you get a court possession order, the tenant's liability continues, and they should pay every month as normal. There is a contract, an SPT until it is ended, so rent and all other terms and conditions of the tenancy already granted remain the same.

However, if you are planning to evict them, you have a lot more possibly to worry about than a few months without being able to increase the rent!

Do not be tempted to enter into any discussions with the tenant AT ALL, about rent increases etc, as this can be deemed a verbal tenancy and invalidate the S21 (assuming agents have issued it correctly and complied with deposit regs as above).

jrgazette

I didn't expect that he would still be there - in fact, today is the first day I've read about the section 21! (I see my newbie flag is still up, so in theory it would still be frowned upon to tell me how completely unutterably stupid I am?) So the two months notice to raise the rent has been and gone. I would hope he wouldn't still be there in two months, so I don't know if it's still worth doing, as it would end up giving me less money in total, I guess, than it would cost to arrange for my letting agency to issue one.

jjlandlord

Werdnal wrote: »

Do not be tempted to enter into any discussions with the tenant AT ALL, about rent increases etc, as this can be deemed a verbal tenancy and invalidate the S21 (assuming agents have issued it correctly and complied with deposit regs as above).

An agreement to raise rent does not create a new tenancy, but might create doubt as to the landlord's intentions.
In the current situation I don't see the tenant agreeing, though.

OP can still increase the rent through the s.13 route, as already mentioned, if the tenancy is periodic. This would have no effect on the s.21 notice and would not create any doubt.