Help with section 21 notice

casperlarue

This is better.....

NOTICE REQUIRING POSSESSION of a Dwelling House

(England & Wales - Housing Act 1988 as amended by Housing Act 1996 – Section 21 Notice)

I give you notice that I require possession of this dwelling house by virtue of: (delete statement (1) or (2) as appropriate)
(1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b
(2) Your Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a

To: name of tenant

From: name and address of landlord

Address: of dwelling house

DATE OF EXPIRY of this NOTICE:
(This is the last day of the tenancy period – AFTER which date I seek possession - see notes below)
Signed (landlord / agent):
Agent’s Name & Address: (when served by agent)
Date this NOTICE is SERVED:

Tenants and Landlords please note:
• On or after the end of a fixed-term Assured Shorthold Tenancy a court must make an order for
possession if the landlord has given notice in writing under Section 21.
• The landlord does not need to give any reason for requiring possession.
• Where there are joint landlords, at least one of them or their agent must serve the notice.
• Where there are joint tenants, it is preferable that each tenant be served notice.
• The notice should be served in person or through the letter box or by first class post – keep a
copy and record the date and time, who served the notice (any witness), or Post Office proof of
postage receipt – allow 3 working days for delivery.
• Fixed-term s21(1)b The length of the notice must be at least two months, and the notice
must be served before or on the day on which the fixed-term comes to an end.
• Periodic Tenancy s21(4)a (i.e. where the tenant has stayed-on after the expiry of the fixedterm)
a notice can be served after the fixed-term has ended specifying a date after which
possession is required being the last day of a period of the tenancy (usually the day before a
rent payment day) and not earlier than two months after the date the notice was given.
• Periodic Tenants – the landlord requires possession after the date stated in this notice or at the
end of the period of your tenancy which will end next after the expiration of 2 months from the
service upon you of this notice.
• If you as tenant do not know your rights after you have been served a notice requiring
possession see a solicitor, the Citizen’s Advice Bureau or your local authority rent officer.
© LandlordZONE.co.uk - supplied free in good faith – no accuracy guarantee & no liability accepted – use at your

krissy08

Thanks casperlarue
Under Date of expiry...it says see notes below.
Are the notes a part of the document or does it end after "Date this notice is served?".

It looks like I can serve an 8 in addition after all-under ground 11?

Point taken Big Aunty.. assuming her permission is sought and she agrees to a viewing, that shouldn't be a problem I guess. The ideal would be to have her out before viewings due to hygeine issues. The house is going relatively cheap so hopefully..

G_M

krissy08 wrote: »

Thanks casperlarue
Under Date of expiry...it says see notes below.
Are the notes a part of the document or does it end after "Date this notice is served?".

It looks like I can serve an 8 in addition after all-under ground 11?

Point taken Big Aunty.. assuming her permission is sought and she agrees to a viewing, that shouldn't be a problem I guess. The ideal would be to have her out before viewings due to hygeine issues. The house is going relatively cheap so hopefully..

Yes you need the notes.

See sample S21 here (you need the 2nd one)

Yes you can serve a S8 ground 11 too.

krissy08

Please can I have a sample of a section 8, I would like to serve it on grounds 11, thanks G_M.

I am happy with my section 21 now, thanks for all your help. Planning to serve by hand with a witness tonight.

G_M

krissy08 wrote: »

Please can I have a sample of a section 8, I would like to serve it on grounds 11, thanks G_M.

I am happy with my section 21 now, thanks for all your help. Planning to serve by hand with a witness tonight.

See post 6.

krissy08

Update;

I have served the sections 21 and 8 notices with a witness in tow. The tenant seems fine with it as I explained she has a better chance of the council helping her find a new place if the documents are properly served (she even signed my copy as received). I called the council to inform them (I didn't have to it turns out) but the lady there said, they would look through the notices if she presents them and advice her on whether they are valid or not.

I believe they are and more importantly I believe the tenant isn't determined to stay...however is there a way I can be absolutely sure my 2 months notice is on target?

Thanks again

spacey2012

The rent is only late if it is paid in arrears.

mjan

krissy08 wrote: »

Update;

I have served the sections 21 and 8 notices with a witness in tow. The tenant seems fine with it as I explained she has a better chance of the council helping her find a new place if the documents are properly served (she even signed my copy as received). I called the council to inform them (I didn't have to it turns out) but the lady there said, they would look through the notices if she presents them and advice her on whether they are valid or not.

I believe they are and more importantly I believe the tenant isn't determined to stay...however is there a way I can be absolutely sure my 2 months notice is on target?

Thanks again

If your tenant is expecting the council to help find a new place, be prepared to have to go to court to gain possession as most councils don't help tenants with housing needs until a court order is in place. This may take around 6 to 8 weeks on top of the S21's 2 months.

Werdnal

Be prepared that if tenant is holding out for council housing, they are not duty bound to house anyone unless they are "unintentionally" homeless, ie evicted. Your S21 notice alone does not evict them, only a court possession order can do that, so your 2 months notice may easily pass and you will have to enforce the eviction through the courts before the tenant will go.

If they are more than 2 months behind with rent, they only need pay off enough to get below the 2 month owing amount, and your S8 may fail. They will no doubt be advised to do this, as the council do not have to house people evicted through rent arrears, so I suspect they will catch up before the S8 hearing.

Werdnal

spacey2012 wrote: »

The rent is only late if it is paid in arrears.

No!

Rent is late if it not paid on the rent due date.

For 2 months "arrears" (ie owing) to be used on S8, if rent due say 1st of the month, and 1st Feb not paid, as soon as 1st March passes with no rent received, 2 months is owing and S8 ground will apply.