How do I serve a Section 21 - newbie landlady...

sunny

I have recently separated from my partner who used to manage the letting out of a house we owned. The house is now owned solely by me; and I need to move in with my toddler ASAP due to abuse I am still experiencing from my ex-partner whilst we still share a house...but first, I need to evict the tenants.

I am totally clueless where to start, but found this info on gov website which seems to suggest I must first issue a section 21?

My Q is, can anyone provide me with info / links to where I can download a section 21 notice to quit, so that I can ask my tenents to leave?

THANK YOU so much for any help offered

Guest101

Firstly a s.21 is not a notice to quit. It s a notice that you may go to court to end the tenancy, typically the process takes upto 5 months.


I'd suggest in your circumstances you do one of two things:


1: pay off the tenants to leave early, a couple thousand pounds now would save you a lot down the line. (also make sure the lender knows your moving in, as it's likely a BTL mortgage)
2: get a non-molestation order. If the abuse is genuine, and documented, you should be able to do this.

Pixie5740

What date did the tenancy start (exact date please)? How long was the initial fixed term? Have any subsequent tenancy agreements been signed? Who is named as the landlord on the tenancy agreement?

Serving a section 21 notice, which as Guest says it not a notice to quit but notice that you might go to court to gain a possession order, is only part of it you need to ensure that any notice you serve is valid. Was a deposit taken? If so was it protected correctly?
You should also keep in mind that it will take months to legally evict the tenant(s).

See Ending/renewing an AST for further information.

G_M

Before serving, make sure it will be valid. For this you need to know a lot more about the tenancy:

* what date did it start?
* was there a fixed term?
* if so, till when?
* was a deposit taken?
* if yes, was it protected? Where and when? Was the PI served? When?
* if the tenancy started after 1/10/15, was EPC provided?
* if the tenancy started after 1/10/15, was gas report provided? (if property has gas)
* if the tenancy started after 1/10/15, was government leaflet provided?

Any one of the above could make the S21 invalid.
(NB - exact dates are important - not rough estimates)

Read:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Or, as Guest suggests, forget evicting them and reach an amicable agreement (over tea and cakes?) for them to Surrender the tenancy. You could offer an incentive for this over and above the cake.

pinkshoes

What are your tenants like?

If they are nice, them I would arrange to go round one evening with cake and wine, and explain to them them your plight. Offer to pay all their moving costs, any fees for a new tenancy etc... and let them take a reasonable amount of time to find somewhere else, as the eviction process could certainly take ages!!

gremlin

You could go to http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

This is a great site with lots of information for landlords and also links to download the correct forms you need.

Evicting tenants is a minefield and as an above poster said you need to make sure you have all of your documents and processes correct before you serve the section 21 or it can get expensive.

Best of luck

sunny

A huge thank you for all your replies. I am genuinely touched by the time and effort made by strangers.. :A

I have had an initial appt with a solicitor who advised me what I should do re abuse. I will need to get locks changed as soon as I move in etc..

The tenancy looks to have started in May 2014 (the date tenants signed agreement and collected the keys). As far as I know this was a 6 month contract.
The tenants then switched to a rolling month to month agreement but I don't know the date this started...

Apparently my ex partner and I are both named landlords on the tenancy agreement.

I have no idea where the bond is. Perhaps a call to the letting agent. This is literally all I know at present...

I do like the idea of approaching the tenants and explaining the situation to them. Feeling v overwhelmed at prospect of asking my tenants to leave more formally than this, although I do recognise I must deliver this in writing too. I think from what I've read on gov.uk website, I must give them minimum 8 weeks notice anyway..

THANK YOU all so much again :wave:

Pixie5740

8 weeks? Is rent supposed to be paid weekly?

G_M

[QUOTE=sunny;71510033 I think from what I've read on gov.uk website, I must give them minimum 8 weeks notice anyway..

[/QUOTE]
No.

You have a choice:

1) the tea and cakes approach, and mutual surrender. By all means try this and see what happens

2) the legal approach. Do not make any attempt to follow this till you know the facts. Get hold of the tenancy agreement. Find the answers to ALL the questions in my post above (and I repeat - rough 'May 2014' is no good - exact date needed).