Tenants in arrears with rent. Section 21 Notice

braun_2

EDIT: ignore me... being stupid as usual

theartfullodger

56cheffy wrote: »

How do I know an online is genuine or not?

....

Join a landlord association (NLA, RLA..) and use theirs: Then you get access to free advice and LOADS more documents you may need...

Alternatively keep trying to get "free" or "cheap" documents and they will likely cost you more in the long run if/when they turn out invalid.

Having said that RLA AST offers the option of rent payable 4-weekly: Don't do that, it means Section 8 Ground 8 (rent arrears) does not apply for evictions...

Cheers!

G_M

56cheffy wrote: »

How do I know an online is genuine or not?

The one I found is here

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/?pid=googleppc-notukr_gb-ft_section21_a2ft-c-ggkey_section%2021%20notice&&s_kwcid=ContentNetwork|9036652273&gclid=CKLJ3c-yibcCFQbHtAod_wIApA

If this is not 'genuine' where do I get one from?
Compare with others eg the one I linked earlier?
Edit. After filling it in it states "The remainder of this document will be available when you have purchased a license."

What does this mean?
Means that despite saying it is free, it.... costs! Pay the licence fee and you get a completed S21

"The tenant must be given 2 months' notice and the day on which the notice expires must be the last day of a period of the tenancy."
This of course is rubbish as the tenancy is in the fixed term. The above applies to a S21 (4) (a), not a S21 (1) (b)

I intend issuing the notice before the end of May, so do I have to put July 31st as the date when the notice expires?

Thanks.

You can put any date that is more than 2 months from the date of service.

56cheffy

G_M wrote: »

You can put any date that is more than 2 months from the date of service.

Thanks..I just joined RLA and have downloaded a form.

The 'what does this mean' actually referred to the paragraph underneath, not the one above.

I figured out that it meant you have to pay when it said "The remainder of this document will be available when you have purchased a license"

neas

Agreeing to use his deposit to clear arrears would help him out as well I guess. Maybe do this first?

He was an ideal tenant for 3 years so if he can get a job he will probably pay you back the arrears. Wouldn't the deposit help the arears a bit and give him more time to come to a reasonable agreement e.g 1 month more to find a job?

Certainly you have to give deposit back in full before submitting s21 and he may then be given advice from council to stay in property until you evict him via court. If it got that far he may realise he can screw you for 3x the deposit after he gets a council house.....

Risky game to play as you aren't 100% clean regarding deposit.

[Deleted User]

I would have thought that if he gets jobseekers allowance, he would be able to get Housing allowance. Check this. It would at least help.

Werdnal

deannatrois wrote: »

I would have thought that if he gets jobseekers allowance, he would be able to get Housing allowance. Check this. It would at least help.

But it will likely take several weeks to process the claim and they will not backdate to cover his arrears!

56cheffy

neas wrote: »

Agreeing to use his deposit to clear arrears would help him out as well I guess. Maybe do this first?

He was an ideal tenant for 3 years so if he can get a job he will probably pay you back the arrears. Wouldn't the deposit help the arears a bit and give him more time to come to a reasonable agreement e.g 1 month more to find a job?

Certainly you have to give deposit back in full before submitting s21 and he may then be given advice from council to stay in property until you evict him via court. If it got that far he may realise he can screw you for 3x the deposit after he gets a council house.....

Risky game to play as you aren't 100% clean regarding deposit.

This is the route I am going to go down, he and his family are/were ideal tenants, I don't wish to turn them out on to the street.

If he agrees to put the deposit towards arrears and signs to this effect, can he still sue me retrospectively further down the line should the situation change?

He applied for housing benefit but got turned down, not sure if this has anything to do with not being a UK National, as mentioned in the OP he is Russian.

RAS

56cheffy wrote: »

He applied for housing benefit but got turned down, not sure if this has anything to do with not being a UK National, as mentioned in the OP he is Russian.

This is one of the occasions when knowing the tenants immigration status would be useful.

He may have the right to LHA but need to appeal because he has been refused by someone being awkward about the Habitual Residence Test (see the benefit forum for example of people legally entitled but refused at first or second attempt).

Or he may have no recourse to public funds.

thesaint

Letlink Sec 21 (fixed term)

http://www.letlink.co.uk/GeneralInfo/General_possession/S21_1_B.pdf

56cheffy wrote: »

If he agrees to put the deposit towards arrears and signs to this effect, can he still sue me retrospectively further down the line should the situation change?

See post #7