Serving a Section 21? Unprotected deposit taken before 2007

jjlandlord

Pixie5740 wrote: »

If they are going for social housing or are unable to find alternative private rental accommodation you need to be prepared that it could take months beyond July to get them out.

Yes, especially if they are going for social housing.
You might have to get a court order to evict them, and thus ensure that you cross the i's and dot the t's.

Brighty

Pixie5740 wrote: »

You do realise that the Section 21 won't actually end the tenancy as only the tenant or a court can do that. All a Section 21 does is give the tenant notice that you are starting the process to regain possession of the property.

My spider senses are telling me that your tenants might be going for social housing. Glowing references plus formal notice that you want the property back....

If they are going for social housing or are unable to find alternative private rental accommodation you need to be prepared that it could take months beyond July to get them out.

Thanks Pixie


The social housing issue and not leaving come July (or being told not to leave by housing people) is obviously on my mind and am prepared for. Which is why I want to be squeaky clean my end.


I know that there is a chance that come July they won't budge and that the wife and kids could end up living with the in laws or our caravan parked up somewhere, in order for our son to start school. Not ideal but that's the price she'll have to pay for wanting to move back down south to be near her family.


I on the other hand will be still up north in our current house for a few months doing that up ready to rent out.


It was all rumour at the time, but way back when they were moving in, my wife was told at her work, where one of the tenants also worked, that they had been evicted from a council house for non payment of rent and so weren't eligible for any social housing, hence renting privately off my parents. Not sure if there is any truth in that, especially as, apart from the recent job loss blip, they have been good payers for 15 years. If true would be being ineligible for social housing 15 years later still apply?


Brighty

Brighty

Hi all, me again


Finally received the signed letter from the tenants this week, agreeing that the deposit is deemed as repaid in exchange for writing off the current rent arrears.


Also received a request from a letting agent for references for them, so looks like they may go quietly.


So I now want to serve the S21. I've downloaded a couple of templates, 1 paid for plus another freebie from landlordzone.


Both state in the notes that the expiry date must be the end of a rental period, so 31st July in my case, to give the full 2 months (tenancy started way back on 1st Jan 2001).


However, I'm sure I read somewhere, that if its a periodic tenancy, I can put any expiry date I want, so long as it's at least 2 months away from when notice is served, so in that case I could put expiry of say 15th July if I posted it today? which would gain me a couple of weeks.


Anyone know the facts on this?


Thanks


Brighty

G_M

The case of Spencer V Taylor (2013) made clear that a Statutory Periodic Tenancy could be ended via a S21 (1)(b) giving 2 calender months. A S21 (4)(a) can be used, requiring 2 full tenancy periods (ie alignment with the period dates), but does not have to be.



Example S21(1)(b) & S21(4)(a) Notices. Note that the advice/instructions at the top of each notice in relation to which to use is not as explained above, and can be ignored, but the notices themselves are adequate as pro-formas.

Marktheshark

I would call round and cut a deal if they leave of their own accord, rent arrears written off and deposit returned, plus good reference, otherwise it will be section 21, or section 8 if they miss any more rent and a reference which will be that they failed to pay rent on time, which as its the truth is not malicious.

Other options are to issue a remittance notice for the deposit which pays the deposit returned off the rent arrears and issues a new balance for the remaining rent owed and then serve the s21.

If they take the huff, they might not pay the months rent which would do yiu a huge favour as once they owe two months rent you can issue a section 8 notice and get a court order in 14 days to have them evicted.