Possession order?

wisecobandit1

Sorry I haven't replied before, been working 14hr days....

As already said there was no deposit taken, this was also nil'd on the tenancy agreement.
A section 21 notice was sent on the 14th of febuary 2013 along with a short letter asking for arrears to be paid up to date within 7 days etc. This was sent via special delivery and was signed for by the T on the 17th feb 2013
They have paid some of the arrears off but not the full amount.
The rent of £600 was due on the 3rd April of which I have been paid only £240 although the rent was £15 short last month so arrears at this present time are £375. This has been a constant scenario of arrears since last December,

wisecobandit1

OK this is the copy of the letter I included with the section 21 notice.. Dated 14/02/13 and received and signed for by the T along with section 21 on 17/02/13

Dear ******
Please find enclosed the "notice to end the tenancy" at the address of ******* . This requires you to vacate the above premises by 02/05/2013. and all monies paid up to date. If this doesn't happen then a "notice of intention to seek possession" will be applied for to the court, and/or the application to court to recover all rent arrears and costs involved.
Please sign, date and return one of the copies to me.
At present your arrears stand at £600 still overdue from the last rent due date from 02/02/2013 of which should be paid in the next 7 days. As required you are also due to pay (as per rental agreement) £600 on 02/03/2013 and also a further £600 on 02/04/2013. Please pay into my bank account as per normal.
Please return all keys for the above property along with details of a forwarding address either by hand or recorded delivery.
I look forward to your kind co-operation in the above.
Yours Sincerley
*******

wisecobandit1

The original tenancy was started on 02/06/11 for 12 mths.
The continuation tenancy on 02/06/12 but for 6 mths which obviously ran out in January 2013.

G_M

* Tenancy Periods = 2nd to 1st of month.

* S21 Served 17/2/13

* Notice should have stated "after 1st May 2013".
So you appear to have a valid S21 so far as we can see.

* You have not sent a

"notice to end the tenancy"

- the tenants are under no obligation to leave on 2nd May.

* the tenant are under no obligation to sign/return anything. And you do not need them to.

* regarding a S8 Notice, what rent is outstanding from Jan + Feb + March + April? It is not clear from your post.

wisecobandit1

G_M wrote: »

*
* the tenant are under no obligation to sign/return anything. And you do not need them to.

On the bottom of the section 21 which I bought through a stationers was a paragraph for the T to sign and return. Underneath also states that its still valid without the T's signature.

As for arrears theres been a consistant rate of them since last December. It never exceeds the 2 mths worth of rent period hence going down the section 21 route. Payment is always erratic and paid late in drifts and drabs to the point I don't think ive ever actually been paid in full and on time ever.

theartfullodger

wisecobandit1 wrote: »

....
Dear ******
Please find enclosed the "notice to end the tenancy" at the address of ******* .

b*ll*cks: An S21 notice is not a "notice to end the tenancy". Only a court can end a tenancy, unless the tenant gives notice. You, a mere landlord, cannot "end the tenancy"...

This requires you to vacate the above premises by 02/05/2013. and all monies paid up to date.

b*ll*cks: An S21 notice does not require tenant to leave, does not end tenancy, does not require all rent to be paid. It simply allows, if valid, a landlord to start legal action. Have you done ANY training in landlord/tenant law??

Yours Sincerley
*******

Sincerely is spelt thus...

Sigh!!

There is an argument that a Section 21 notice served with such a covering letter is invalid as it spouts such garbage & makes such unlawful threats to tenants...

Perhaps a course such as ...
http://www.rla.org.uk/landlord/courses/landlord_training_course.shtml

Lettings for Landlords

Objectives

The aim of this course is to explain to Landlords their obligations in relation to their tenants and any agents they use, and vice-versa.
Course Content

Lettings is a minefield and legal understanding of the main issues is important. This course deals with the main areas that affect Landlords. The main topics covered are:

• Tenancy types – important if you are buying a property with a tenant in place
• The condition of your property. If it is not up to scratch you can be sued and /or prosecuted.
• Inventories. This is the evidence you rely on if you need to deduct from the tenants deposit. Fail to carry out an adequate Inventory and you will lose your case
• Periodic and Final check out Inspections. Practical advice about what you can and should do
• Getting and vetting tenants
• Possession proceedings, Notices and completing court forms
• The Law on harassment and Unlawful Eviction. This is a minefield for Landlords. The law is weighted against you. Do not let the tenant lure you into an expensive trap

- would help?? Save you quite a bit of time & money....

Cheers!!

teeni

would still like to see the s21 to see if valid, the dates on the letter appear correct ( although the wording is confusing) but that does not mean the wording on the s21 is.

Many of the templates from stationers state expires on such and such a date and if it said expires on the 1st rather than after it would be completely challenge able and I would advise any client of mine as such ans assist to issue a defence to the proceedings in court, or they risk making them selves intentionally homeless. delayed rent payments may be explainable due to circumstances, leaving without a valid notice is not.

The letter also muddies the water as it states they must leave by the 2nd which is the first day of the next tenancy period and may allow the argument that the dates are confusing and again puts the op at risk of a legal challenge, all delaying the final day for eviction.

Hope you got all the i's dotted and the t's crossed or someone in my job may just ruin your day if the tenant seeks legal advice

wisecobandit1

Theartfullodger...
Well its clear to see you play the system/benefits game.
Unfortunately I haven't got the time in my life as im to busy working for a living to ensure I don't make the odd typo, sorry I mean typing error.
I switched off at your post really as soon as you put b******* in your post as that's not in the English dictionary so I don't really find that helpful in any way.
As far as the course is concerned im not sure its worthwhile, if I had several propertys then maybe but I only own the one I rent out.

Fire_Fox

wisecobandit1 wrote: »

Theartfullodger...
Well its clear to see you play the system/benefits game.
Unfortunately I haven't got the time in my life as im to busy working for a living to ensure I don't make the odd typo, sorry I mean typing error.
I switched off at your post really as soon as you put b******* in your post as that's not in the English dictionary so I don't really find that helpful in any way.
As far as the course is concerned im not sure its worthwhile, if I had several propertys then maybe but I only own the one I rent out.

Feel free to apologise to Theartfullodger for making unfounded accusations, he is actually one of our professional and very knowledgeable landlords. You'd know that if you'd bothered to do any research before leaping to conclusions. Carry on being rude instead of thankful and you may find none of our resident 'experts' will bother responding to your threads.

You are getting frustrated responses because you are behaving in a highly unprofessional manner and treating your tenants badly. Artful is right: join a landlord's association for your own sake if nothing else, amateur and lazy landlords are often targeted by professional tenants. Landlording is a business, if you can't be bothered to put in the time and effort sell up and remove yourself from the industry. Yes that even means working on your business even when you have worked fourteen hour days in your day job.

Tenants not paying rent is part of landlording, the regulars here are more than happy to support other landlords in evicting bad payers through the courts and seeking payment of the arrears, it is absolutely right that you do so as a businessman. It is NOT right that you threaten your tenants and the courts take a dim view of it, read up on harassment and the Protection from Eviction Act.

theartfullodger

wisecobandit1 wrote: »

Theartfullodger...
Well its clear to see you play the system/benefits game.
.... ..

Thank you for your kind comments:

How do you conclude that then?? I agree I am in receipt of state pension, winter fuel allowance, 'bus pass & free prescriptions but am at a loss to understand how that is "playing the system/benefits game"..

Can you kindly elucidate to educate a dim old man??

Cheers & best wishes to all, including those who disagree with me..