Landlord Enquiry

miras_2

I have a tenant paying on an Assured Tenancy Agreement. She will be served notice two months prior to her tenancy agreement ending, can she contest this please?

agrinnall

As long as the S21 is correctly issued then it can't be contested, but that doesn't mean she will leave when you want her to.

theartfullodger

If assured tenancy s21 does not apply: if assured shorthold tenancy s21 does apply.

Many s21 are invalid: was deposit protected within 30 days of being paid & was PI served before s21?

miras_2

Thank you. Yes re deposit, notice being served 6 Feb. My agents feels sure she will contest but she is very late paying rent, in fact 4 months on 1 occasion so don't believe she really has any rights, she's tricky to deal with though.

dancingfairy

Make sure you are serving the correct notice (with the correct dates) or make sure your agents get it right.
A S8 is relasted to rent arrears and is discretionary, also it can be defeated to brining arrears below a certain point (if if that's the day of the hearing).
A S21 is no fault and you will be certain to get possession if you follow the correct procedure. It may not be quick and it may not be cheap but you will eventually get it back. Once you win the court case, do be aware that you may then have to consider booking bailiffs in (ie even if you win in court, you still can't guarantee the tenant will go without bailiffs turning up).
df

dancingfairy

miras wrote: »

Thank you. Yes re deposit, notice being served 6 Feb. My agents feels sure she will contest but she is very late paying rent, in fact 4 months on 1 occasion so don't believe she really has any rights, she's tricky to deal with though.

I hope that's means yes it's protected and yes she's been sent the required information within the correct timeframes. You need to make sure she has had the PI (prescribed information).
df

miras_2

Many thanks, certainly gives me something to look into.

theartfullodger

miras wrote: »

Thank you. Yes re deposit, notice being served 6 Feb. My agents feels sure she will contest but she is very late paying rent, in fact 4 months on 1 occasion so don't believe she really has any rights, she's tricky to deal with though.

Well I'd fire the agents first, they are very, very wrong: Of course she has rights as a tenant.

For rent arrears use s8 not s21: That should ensure she does not get help or rehoused by council, thus not waste taxpayers money.

Is this AT or AST?? When did she 1st move in??

Cheers!

kinger101

theartfullodger wrote: »

Well I'd fire the agents first, they are very, very wrong: Of course she has rights as a tenant.

For rent arrears use s8 not s21: That should ensure she does not get help or rehoused by council, thus not waste taxpayers money.

Is this AT or AST?? When did she 1st move in??

Cheers!

Wouldn't both be better? If s8 can go away by bringing rent up to date?

Also,it might be in OP's interest for the council to be in a position where they will rehouse the tenant.

domcastro

The agents should know how to serve a proper s21.
Be careful though, I was in similar situation. I went for s21 not s8. As soon as the s21 was served, the tenant stopped paying rent. He did go though on the specified date (luckily) but he stole all my stuff (white goods, curtain poles, curtains, lampshades and even the light bulbs) He also left 3 van loads of crap behind (even left loft full of crap) which he said I could get rid of. I'm still sorting out all the trouble he left behind - he hadn't even paid electric / gas for a year! Anyway, I prepared myself for the worst. As you are using s21 and had a tenancy agreement, you can go for an Accelerated Possession Order https://www.gov.uk/evicting-tenants/accelerated-possession-orders and won't need to attend court. Get ready to file the day the tenant is supposed to go. I count my blessings that my tenant left!

theartfullodger

But surely the decent citizen would wish to avoid waste of taxpayers money?