Serving a S21 Notice Correctly.

pazzam291

Hi

can anyone give any advice on things to be aware of when serving a S21 notice so if it does have to go to a possession hearing there are no further delays.

I am having problems with tenants and the 12 month AST is at the ten month stage. Ive decided not to renew it and therefore think i need to serve notice. I have a letting agent but he is a friend of the tenants and he hood-winked me into taking the tenants anyway - basically I dont trust him now.

They receive housing benefit so Im concerned they wont move until evicted so I want to make sure the paperwork is done correctly now. I've lost my copy of the letter from the agent detailing the deposit holding and i only have a scanned copy of the original AST.

Thanks in advance

G_M

* Check any deposit was registered before serving S21
* check deposit was served in time (30 days)
* check PI was served (in time - 30 days)
* Use S21 (1)(b), with 2 calender months (or more)
* service date is date received not date sent
* send by 1st class post. Service is 2 postal days later, or hand deliver with proof of service (photo, witness etc)
* make sure expiry date is at least 2 months later

If you don't trust the agent, DIY

Join a landlords association (see links below):

Tenancies in Eng/Wales: Guides for landlords and tenants

Guest101

pazzam291 wrote: »

Hi

can anyone give any advice on things to be aware of when serving a S21 notice so if it does have to go to a possession hearing there are no further delays.

I am having problems with tenants and the 12 month AST is at the ten month stage. Ive decided not to renew it and therefore think i need to serve notice. I have a letting agent but he is a friend of the tenants and he hood-winked me into taking the tenants anyway - basically I dont trust him now.

They receive housing benefit so Im concerned they wont move until evicted so I want to make sure the paperwork is done correctly now. I've lost my copy of the letter from the agent detailing the deposit holding and i only have a scanned copy of the original AST.

Thanks in advance

Have you actually spoken to the tenants as to their intentions? If they arent looking for a council home (do they have kids?) and you are now giving them the opportunity via the eviction process, they may drag it out longer than what they already have planned.

You say you are having problems, can you give any details, it might be pertitnant.

I suggest you put the agency in line. You are paying them after all (assuming its managed by them, and not a let only)

Scanned copy of the AST is fine, but you need to get the deposit details (from your agent) asap. Since the agent protected it, was it done with-in 30 days? and was the correct PI given to the tenants?

pazzam291

Thanks for this.

The deposit was registered and I had written confirmation of that but I have lost that letter. Other than asking the agent how else can i check on the deposit?

What do you mean deposit served in time?
What is PI?

The tenants would like to stay there long term but that cant happen now.

Thanks

Guest101

pazzam291 wrote: »

Thanks for this.

The deposit was registered and I had written confirmation of that but I have lost that letter. Other than asking the agent how else can i check on the deposit?

What do you mean deposit served in time?
What is PI?

The tenants would like to stay there long term but that cant happen now.

Thanks

You can contact the 3 schemes and ask them. The Agent will have to give this to you, otherwise, you would be well placed to have the rent paid to yourself directly and deal with the agents via the complaints process.

The deposit must be protected with-in 30 of RECEIPT (not 30 of the tenancy starting)

PI- prescribed information. A set of documents, including Deposit ID, terms and conditions, etc. Given to the tenant with-in 30 days.

I understand you might be reluctant to give details, but there are some important considerations. e.g. If they're paying rent late, consistently, or are in arrears, this migth affect their support from the council. But no late payments and the council will likely tell them to stay put until evicted (4-5 months from now)

Can you give a basic overview of why it's not possible

pazzam291

Thanks

theres been a series of domestic issues at the property which have required police involvement and I made the mistake of allowing tenancy without seeing any references - despite chasers to the agent. No issues with rent or damage to property.

Yea I'M aware of the councils potential stance on it which is why I want to make sure everyting is done right now. Should I ask the agent for evidence the PI was given to the tenant?

pazzam291

Yea I know - thats why Ive taken a day off work to try and sort ouut.

Thanks

pazzam291

OK last (stupid) question hopefully - the s21 is valid from when received. Does hand delivering with a witness suffice for this i.e. putting through the. I'm concerned they "wont be in" when i go round.

G_M

pazzam291 wrote: »

...... Other than asking the agent how else can i check on the deposit?

What do you mean deposit served in time?
What is PI?

Thanks

the s21 is valid from when received. Does hand delivering with a witness suffice for this i.e. putting through the. I'm concerned they "wont be in" when i go round.

See my post above and read the link provided.

You have a learning curve to climb: asking random questions is not sufficient. the link will give you much information that you need, including, but not restricted to, the Qs you have asked.

pazzam291

ok thanks - guess reading isnt my strong point.

G_M

pazzam291 wrote: »

ok thanks - guess reading isnt my strong point.

Then pay a professional you trust to manage the property, and to manage the S21 process.