Evicting a tenant ..section 21 and section 8 notices

56cheffy

molerat wrote: »

You cannot issue a S21 to expire before the end of the tenancy agreement and must give 2 months notice so it is invalid on both counts. Back to the drawing board and correctly issue a S21 to expire at the end of the tenancy and a S8 on grounds 8 & 10 to expire in at least 2 weeks from them receiving the notice.

Thanks for that.

I need to get this EXACTLY right this time....so what date do I put on the next S21 that I will serve tomorrow? 30th April 2014 or 1st May 2014.

And can I give the S8 at the same time?

And can I print it, after what they said about The notice has to be 'in writing'
Sorry to be a div.....but I need to get it right.:D

And it does mean that I am stuck with non paying tenants for at least another 3 months unless a court order is issued for them to quit the premises before then?

G_M

56cheffy wrote: »

Thanks for that.

I need to get this EXACTLY right this time....so what date do I put on the next S21 that I will serve tomorrow? 30th April 2014 or 1st May 2014.

And can I give the S8 at the same time?

And can I print it, after what they said about The notice has to be 'in writing'
Sorry to be a div.....but I need to get it right.:D

And it does mean that I am stuck with non paying tenants for at least another 3 months unless a court order is issued for them to quit the premises before then?

Date S21 1st May.

Issue S8 at same time.

Under ground 8 of S8 Notice, provided the rent owed = 2months rent both when S8 served and at sdate of court hearing, the judge must grant possession.

56cheffy

molerat and G_M

Many thanks for you help and advice....it really is much appreciated.:T

thesaint

56cheffy wrote: »

Thanks for that.

I need to get this EXACTLY right this time....so what date do I put on the next S21 that I will serve tomorrow? 30th April 2014 or 1st May 2014.

And can I give the S8 at the same time?

Funnily enough, I answered both of these questions on page 1.

KnuckleCue

I was served a S21 with my tenancy agreement so it can be done provided deposit was protected BEFORE S21 was given. Not protecting the deposit first makes the agreement invalid.

G_M

KnuckleCue wrote: »

I was served a S21 with my tenancy agreement so it can be done provided deposit was protected BEFORE S21 was given. Not protecting the deposit first makes the[STRIKE] agreement[/STRIKE]S21 invalid.

Even if no deposit was taken, if the S21 is served before/at same time as the tenancy agreement, it is invalid.

It is a legal nonsense to attempt to end a tenancy which has not yet been created!

The advice to LLs (prior to the deposit rules) was always to serve (and date) the S21 the day after the TA was created (at the earliest).

56cheffy

thesaint wrote: »

So I assume it was a 12 month/year tenancy from the 1st May 2013.

Your Sec 21, would need to expire any date from the 1st May 2014.

Use this form.S21_1_B.pdf (application/pdf Object)

Does your tenancy agreement allow you to use Sec 8 of the 1988 housing act to end the tenancy within the fixed term? If not, you are stuck with these non paying tenants for approx 6 months.

the saint

There is no mention of the Sec 8 on the agreement

it mentions

"any grounds listed in Schedule 2 of housing Act 1988 amended under housing Act 1996"

and

"Section 21 of housing Act to repossess.

Should I add something re Sec 8 within the period and how should I word it.

I downloaded this agreement from RLA website, I assumed it would cover all eventualities!

Thanks....and for the answer on page 1 re 'Getting it right':T
Much appreciated.

Documents ere hand delivered and signed for today....with more promises that the rent will be paid! :rotfl:

thesaint

56cheffy wrote: »

the saint

There is no mention of the Sec 8 on the agreement

it mentions

"any grounds listed in Schedule 2 of housing Act 1988 amended under housing Act 1996"

That is fine for a Sec 8 possession.

If you Google "Schedule 2 of the 1988 housing Act", you will see it there.

G_M

Ending/Renewing an AST

[FONT=&quot]Schedule 2[/FONT][FONT=&quot] (17 S8 Grounds a LL can use)

Section 8:

8 Notice of proceedings for possession.

(1)The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—

(a)the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with [F1subsections (3) to (4B)] below; or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

(2)The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.

[/FONT]

56cheffy

My tenant (when evicted) is hoping to get a house from the local council.

I have just been told that if they are evicted with a Section 8 then they will not be re-housed due to making themselves intentionally homeless by way of non payment of rent.

Is this correct?