Section 21 Notice & Rent Arrears

Signals2013

Hi All,

Can anyone tell me, If a Section 21 notice is served at the start of an AST and the date of the possession is for the last day of the 6 month AST, However, posession has not taken place because the landlord allowed for it to go into a periodic month by month tenancy.....If the landlord is looking to evict on the grounds of rent arrears, do they still have to re-issue a section 21 (a) notice as they have allowed the tenancy to go into a periodic tenancy??

At the start of a tenancy a section 21 (b) notice would have been served as it is served as part of the AST fixed term. However, the tenant is still living in the property, and has done for the past 4 months on a periodic tenancy, Should a brand new Section 21 (a)notice be served upon, or can i go straight in to action accelarated posession???

Thanks

thequant

Signals2013 wrote: »

Hi All,

Can anyone tell me, If a Section 21 notice is served at the start of an AST and the date of the possession is for the last day of the 6 month AST

Think you've have answered your own question there, you can't have your cake and it eat, legally speaking.

Signals2013

thequant wrote: »

Think you've have answered your own question there, you can't have your cake and it eat, legally speaking.

Im not quite sure what you mean on that comment??

If i explain with dates.

Section 21 Notice signed at the start of the tenancy in May 2012....Tenancy is due to expire on 28th November.....Posession date on the earlier served notice was 28th November....However, Tenant has been living in the property on a periodic tenancy since that date, but has now gone in to rental arrears....Does this mean i have to serve another section 21 notice??

Yorkie1

thequant wrote: »

Think you've have answered your own question there, you can't have your cake and it eat, legally speaking.

Why do you say it is legally incorrect?

OP, please answer the following questions:

1. Are you in England / Wales?
2. Did you pay a deposit?
3. When, exactly, were you served the s.21 notice?
4. At that point, had your deposit been protected AND the prescribed information served on you by the LL?

Edit: just realised you are the LL - but the questions still apply.

G_M

1) the wording on a S21 Notice would be "....require possessio of the dwelling house...after (date)"

it does not demand possession ON the date specified..

2) the S21 must of course, have been valid. was it served
a) before the tenancy started?
b) before the deposit was registered?
c) before the 'prescribed information' regarding deposit registrtaion was provided?

if so it is invalid.

S21 Notice

Or use a S8 Notice?

Prof_Ligate

The initial S.21 is fine as there has been an AST of not less than 6 months. Its only valid though if the deposit was protected properly.


If there are rent arrears, they cant be claimed under the accelerated procedure.

Signals2013

The section 21 notice was served at the start of the tenancy. So the day the tenant came in to the office to sign the documents was the day that the section 21 notice was served and signed for by the tenant.

This was requesting that the possession was the landlords after the last day of the AST 6 month tenancy. This tenancy agreement ended on 28th November 2012....The tenant has not signed in to another AST but has been living in the property on a periodic tenancy.....Do i need to serve another section 21 notice now to evict the tenant??

The main question i need to know is, if i wish to evict the tenant due to rent arrears, do i need to submit and serve another section 21 notice??

Signals2013

G_M wrote: »

1) the wording on a S21 Notice would be "....require possessio of the dwelling house...after (date)"

it does not demand possession ON the date specified..

2) the S21 must of course, have been valid. was it served
a) before the tenancy started?
b) before the deposit was registered?
c) before the 'prescribed information' regarding deposit registrtaion was provided?

if so it is invalid.



Or use a S8 Notice?

Hi,

The Section 21 notice was served on exactly the same day that the tenant signed the AST agreement and at exactly the same time the deposit and rent was paid.

However, as i have left the tenant living in the property, and i now want to evict them, do i have to give them another section 21??

G_M

Signals2013 wrote: »

Hi,

The Section 21 notice was served on exactly the same day ....at exactly the same time the deposit ...was paid.

So it is invalid. See my earlier post.

S8 Notice.

Werdnal

Any S21 issued prior to protection of deposit and issue of full PI and T&C's from deposit scheme is invalid, so if that was the way yours was done, sorry, you need to start all over again now.

Was the deposit protected and the full PI served to the tenant within 30 days of receiving the funds? If so, you are OK to issue a new Periodic S21 now, giving 2 months notice and ending in line with a tenancy period.

If deposit was not protected within 30 days, you must return it in full before issuing S21 again.

If deposit was protected but full PI not served, then you can issue that now, but tenant needs to receive it BEFORE a new S21 will apply. Issue PI with proof of posting, and then issue new S21 a few days later.


So, which of the above options applies to you?

Hump

You're the landlord and not the lettings agent right?