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Section 21 advice

3 months ago I issued my tenant a Section 21 notice as she was behind with the rent, on the agreement if she caught up by the date on the notice she could stay in the property.

She paid all the outstanding rent up to date but a month later she is behind again.

Do I have to re-issue the Section 21 giving another 2 months notice again or does the previous notice still apply?
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Comments

  • jamie11
    jamie11 Posts: 4,436 Forumite
    Your S21 is invalid because you included that condition on it.

    S21's must only contain the notice period and nothing more, you do not have to act on it after the notice expires but it must have no conditions. It is not a notice to quit but just allows you to apply for possession after the two tenancy periods have expired.

    Start again with a brand new notice.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    If your Sec 21 was valid when you issued it, it is valid now.
    Well life is harsh, hug me don't reject me.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Was that condition on the S21, or a verbal comment?

    S21 (4)(a) or S21 (1)(b)?

    Also consider a S8 Notice - it's faster if the arrears are sufficient.
  • Ulfar
    Ulfar Posts: 1,309 Forumite
    Did you protect the tenant's deposit ?
  • Ianwzzz
    Ianwzzz Posts: 246 Forumite
    G_M wrote: »
    Was that condition on the S21, or a verbal comment?

    S21 (4)(a) or S21 (1)(b)?

    Also consider a S8 Notice - it's faster if the arrears are sufficient.

    Only a verbal comment.
  • Ianwzzz
    Ianwzzz Posts: 246 Forumite
    Ulfar wrote: »
    Did you protect the tenant's deposit ?

    Yes, deposit is with DPS.
  • Ianwzzz
    Ianwzzz Posts: 246 Forumite
    thesaint wrote: »
    If your Sec 21 was valid when you issued it, it is valid now.

    I'm sure it was valid then, so do I have to give the Tenant another 2 months before I can do anything?
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Ianwzzz wrote: »
    I'm sure it was valid then, so do I have to give the Tenant another 2 months before I can do anything?

    No, your Sec 21 is still valid.
    Well life is harsh, hug me don't reject me.
  • Ianwzzz
    Ianwzzz Posts: 246 Forumite
    thesaint wrote: »
    No, your Sec 21 is still valid.

    How Long do I need to now give the tenant to get out?
  • jamie11
    jamie11 Posts: 4,436 Forumite
    Ianwzzz wrote: »
    How Long do I need to now give the tenant to get out?

    You apply to the court for a possession hearing.

    Having read the other poster's comments, I still think your S21 is invalid, the tenant could defend on the grounds I mentioned earlier and the judge could throw it out. No conditions, not even verbally.

    and secondly, your tenant did comply with that condition and caught up with the rent, even though now they have slipped again. Your condition was that you would not act on it she caught up........which she did.

    Can you see where I'm coming from?
This discussion has been closed.
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