Section 21

jaylockwood1978

Hi,

I recently posted my tenant a section 21 notice on 29th March as I need to sell the house. I added an extra month's notice for her so moving out date is 30th June. I posted it first class with proof of postage and sent two copies from different post offices to avoid the "lost in the post" claim. I also included a receipt for her to sign with a stamp addressed envelope. I have not received anything yet. I've text both numbers I have for her and emailed her asking if she received it. She's not replying and it's infuriating me. She's replied to messages about me selling do she knows it's on the market and she's also agreed for estate agents to do viewings on Saturday but she just won't seem to acknowledge receipt if the section 21.

I have proof of postage and copies of every means I've used to contact her.
Is it important I get acknowledgement she's received it or would everything I have proof wise, be ok should she decide to be awkward and not move out.
As a side note, she is £75 in arrears for her rent from March. Due to a mix up with her wages I allowed her to carry it over to pay in full on April's rent day but she still hasn't paid the arrears.

Pixie5740

You don't need to receive acknowledgement from the tenant. You have proof of postage and notice sent by 1st class post is deemed served 2 working days after you post it.

30th June is not moving out day. A Section 21 notice does not end the tenancy. You as the landlord cannot end the tenancy, that can only be done by the tenant or a court. A Section 21 notice is just notice that you might go to court seeking a possession order.

Are you certain that the Section 21 you have served is valid?

See G_M's Guide to Ending/Renewing as AST for more information.

Pixie5740

The arrears is a separate matter although you could have issued a Section 8 using ground 10 at the same time you issued the Section 21.

You could send the tenant a rent statement asking her to repay the outstanding £75. It should also be possible to deduct any arrears from the deposit once the tenancy ends.

jaylockwood1978

Hi, yes the section 21 is valid and conforms with all requirements for periodic tenency started before October 2015. I'm aware the tenency doesn't end on 30th June i was just using informal terminology on the thread. The section 21 expires on 30th June after which I will apply to a court.
Thanks for your help regarding the actual question in the thread. Put my mind at rest, thank you.

pmlindyloo

No doubt the tenant is making an appointment with CAB to check whether the Section 21 is valid so please check the above link and make sure everything is in order.

Much depends on your tenant's situation. If they are happy to find another property and will have no problems doing so then everything may be fine.

If they need social housing/ claim HB/ have animals etc etc then they will probably stay to the bitter end - bailiffs so you might be in for a long haul.

It does not sound as if your tenant is flush with the cash so a few ideas if you are in a hurry to get them out.

: (My personal bugbear- landlords who expect tenants to accommodate viewings/keep house tidy etc for selling purposes) Offer the tenant a 'sweetner' - at a minimum, write off the rent arrears and/or offer £* for each viewing/ reduce rent. It is possible that tenant will refuse all viewings as this is a grey area.

: Offer to do an early check out inspection and give the tenant their deposit back early (i.e out of your own pocket). This is often a reason why tenants find it hard to move - not having the deposit up front.

Obviously you would have to make sure they didn't take the deposit money and then stay so make sure that they write to you confirming their leaving date.

Good luck!

Wyndham

It's only a good week since you sent it, maybe a week since she received it. Give her chance! She has a life, may be busy, or ill, or just having a bad week for some reason.

She could also have posted the acknowledgment already, but it's got lost/delayed and she's annoyed that your chasing her?

And, if you're in touch about selling, and about notice, then she may be getting a little fed up just at the moment, and may want to limit her responses.

jaylockwood1978

They're good points thank you. She's agreed to block viewings for 1 hour on a Saturday morning. I suggested this to the agent to minimise disruption for her.
Offering the deposit is a good idea but where would I stand legally with that if she took the money and didn't move!!

jaylockwood1978

Thanks Wyndham, been a bit stressed and obsessed about it all but you make a good point. I'll let it lie try and put myself in her shoes. Good wake up call, thank you.

theartfullodger

See also
http://www.landlordzone.co.uk/forums/showthread.php?78951-Section-21

Guest101

jaylockwood1978 wrote: »

Hi,

I recently posted my tenant a section 21 notice on 29th March as I need to sell the house. I added an extra month's notice for her so moving out date is 30th June. I posted it first class with proof of postage and sent two copies from different post offices to avoid the "lost in the post" claim. I also included a receipt for her to sign with a stamp addressed envelope. I have not received anything yet. - Well that's because they're not obliged to do any such thing? I've text both numbers I have for her - why? and emailed her asking if she received it. - starting to sound like harassment. She's not replying and it's infuriating me. - and? She's replied to messages about me selling do she knows it's on the market and she's also agreed for estate agents to do viewings on Saturday but she just won't seem to acknowledge receipt if the section 21. - and she doesn't need to

I have proof of postage and copies of every means I've used to contact her. - great
Is it important I get acknowledgement she's received it or would everything I have proof wise, be ok should she decide to be awkward and not move out. - awkward? it's not awkward, only she or a court can end a tenancy.
As a side note, she is £75 in arrears for her rent from March. Due to a mix up with her wages I allowed her to carry it over to pay in full on April's rent day but she still hasn't paid the arrears.

So wait until end of month, many people are paid monthly...