section 21

G_M

tibbers wrote: »

......The August rent was for July and we paid it as we are guarantors. .....

This is most unusual, and unlikely.

In 99% of tenancies, rent is payable in advance, so July's rent was probobly due at the start of July or near the end of June.

If you have just paid July's rent in August, it is likely that August's rent is eiter due now, or already in arrears.

Please tell us:

1) what day of the month is rent due?
2) is it due in advance or in arrears (though we can guess the answer)
3) what date he last paid rent
4) what date you last paid rent
5) whether there are any historic arrears such that he is always behind and 'playing catch-up'

Are you sure that you know whether he is fully upto date? Might he not be telling you the whole story? I stress this because

a) you are guarantor, so it can come back to bite you, and/or

b) because whether or not he gets evicted is likely to depend on him being bang up to date.

sniggings

I've heard about these s21s being served at the start of tenancy, so does that mean the tenant has to be given this form in a letter? so the tenant will known it's been served? and it lasts 12 months?

and can a possession oder be applied for before the notice period is up?

(pre oct 2015 periodic tenancy England)

G_M

Usually better to start your own thread rather than hijack an existing one. However:

sniggings wrote: »

I've heard about these s21s being served at the start of tenancy, so does that mean the tenant has to be given this form in a letter?
No
so the tenant will known it's been served?
If it is served correctly it is valid. If the tenant fails to take note, or open the envelope, or forgets, or otherwise pleads ignorance, that does not invalidate the Notice
and it lasts 12 months?
In tenancies commencing prior to Oct 2015 there is no 'expiry' to a notice. The Notice simply warns the tenant that the landlord may apply for possession at some point after a given date.

and can a possession oder be applied for before the notice period is up?
See recent thread on this topic

(pre oct 2015 periodic tenancy England)

sniggings

G_M wrote: »

Usually better to start your own thread rather than hijack an existing one. However:

Thanks G_M, you say no to the notice has to be given by letter, so what are the ways the notice can be served.

I'm trying to get to whether the tenant has to be aware of the section 21 having been served.

Edit think I found the answer, the tenant needs to have been served by letter/ email, so they will know about it ( even if they forgot)

KingS6

Guest101 wrote: »

They don't need proof, if I suspected a tenant was using drugs in my property and I was vehemently against it, I'd evict ASAP

With what evidence would you suspect a tenant was using drugs if you didn't have proof?

Guest101

KingS6 wrote: »

With what evidence would you suspect a tenant was using drugs if you didn't have proof?

From the complaints received and the 'failed' inspection?

paddy's_mum

tibbers wrote: »

They had had complaints about ppl coming and going all hours of day and night, making a noise up and down the outside stairs

So, if this ever appeared before a Court, they could prove that part of their information.

I wouldn't want to be living near, and perhaps feel very worried, by that kind of conduct.

Guest101

paddy's_mum wrote: »

So, if this ever appeared before a Court, they could prove that part of their information.

I wouldn't want to be living near, and perhaps feel very worried, by that kind of conduct.

They'd only need proof if they were going via i: breach of tenancy eviction or ii: via anti social behaviour (this would fail unless the tenant had some kind of asbo etc.)


s.21 requires no evidence

tibbers

G_M wrote: »

This is most unusual, and unlikely.

In 99% of tenancies, rent is payable in advance, so July's rent was probobly due at the start of July or near the end of June.

If you have just paid July's rent in August, it is likely that August's rent is eiter due now, or already in arrears.

Please tell us:

1) what day of the month is rent due?
2) is it due in advance or in arrears (though we can guess the answer)
3) what date he last paid rent
4) what date you last paid rent
5) whether there are any historic arrears such that he is always behind and 'playing catch-up'

Are you sure that you know whether he is fully upto date? Might he not be telling you the whole story? I stress this because

a) you are guarantor, so it can come back to bite you, and/or

b) because whether or not he gets evicted is likely to depend on him being bang up to date.

ok ive dug all the paper work out..
1. 17th of each month rent is due
2. in advance
3. every month since he moved in
4. every month since he moved in
5. no arrears.

Now let me explain as ive said in my previous posts... he isnt in arrears with the LA.. The rent comes straight out of husbands bank on the 17th of each month. When SS gets his UC, SS transfers the rent directly back into husbands account.

Guest101

tibbers wrote: »

ok ive dug all the paper work out..
1. 17th of each month rent is due
2. in advance
3. every month since he moved in
4. every month since he moved in
5. no arrears.

Now let me explain as ive said in my previous posts... he isnt in arrears with the LA.. The rent comes straight out of husbands bank on the 17th of each month. When SS gets his UC, SS transfers the rent directly back into husbands account.

Are you guarantors or joint tenants?