S21 notice served, rent owed

jamels2

I have employed a solicitor to serve a s21 notice to my tenant who is currently 2.5k in arrears. By the notice date this will be approx 3.5k.
I have no idea whether they are planning to leave on the requested date. My priority is that they leave asap as I have another tenant that wants to move in.
Can I make an offer that providing they leave and return the key I will waive some or all of the rent?
If so is there any advice in how to word the offer? I am aware I should write " without prejudice" on the letter so not to affect the existing s21 .
Thanks for any advice

GDB2222

Why a s21 rather than a s8?

What’s the rent?

In practice, the tenant probably has no intention or no ability to pay the arrears, so offering to waive the money is pointless. I certainly would not do anything without consulting the solicitor you intend to use for the enforcement action.

The only thing likely to work is to offer the tenant quite a bit of cash to leave. It will be far cheaper than enforcement.

G_M

Why on earth are you not serving a S8 G8 Notice? Or S8 G10? See
Schedule 2 (17 S8 Grounds a LL can use)

I assume 2.5K constitutes 2+ months rent? If not, then £3.5K must....


Are you also making a claim for the rent, or just possession?


As for your offer, why bother? S8 and evict. Fast.


Given that the solicitor seems to have advised you poorly, are you even sure the S21 is valid? Please check all 88 questions here:


S21 checklist (Is a S21 valid?)

jamels2

Solicitor advise s21 as arrears were just under 2 months when we started the process. I had to re do the EPC and supply this along with gas cert and how to rent booklet before issuing the s21. Now it's just under 3 months overdue.
I think the reason was the s8 can be invalidated if tenant pays it back under 2 months.

G_M

jamels2 wrote: »

Solicitor advise s21 as arrears were just under 2 months when we started the process. I had to re do the EPC and supply this along with gas cert and how to rent booklet before issuing the s21. Now it's just under 3 months overdue.
I think the reason was the s8 can be invalidated if tenant pays it back under 2 months.

S8 G8: yes, must be 2+ months arrears both at date of service and at date of hearing.

S8 G10 is for any arrears. However is discretionary rather than guaranteed (as is the case with G8).

But normal practice would be to serve S21 and S8 together.

(G11 might also apply and could be used at the same time)

Schedule 2 (17 S8 Grounds a LL can use)

How much is the rent?
What date did you 'start the process'? (serve the S21).
What were the arrears at that date?
Is this the 1st time there have been arrears?

When does your S21 expire? Unless in the next 2 - 3 weeks I'd serve a S8 asap.

GDB2222

Is the tenant a person of means, who is just being difficult? Otherwise, your chance of getting any money from the tenant is probably nil.

You need to bear in mind that it will take several months before a court hearing. You will then get an order for vacant possession, but you need to get court bailiffs to enforce it. They may have a backlog of a month or two. So, you’re looking at the tenant sitting there rent free for another 4-6 months from now. Plus court fees, solicitors fees, bailiff fees. And that assumes you actually get the court order!

You may get HCEOs more quickly, but that’s yet more costs.

If you can get the tenant to leave for say two months rent paid by you, that may be your best bet, I’m afraid. Quite frankly, it may be worth paying more!

AdrianC

jamels2 wrote: »

I have employed a solicitor to serve a s21 notice to my tenant
My priority is that they leave asap

Well, you can ask nicely, but no more than that. They have every right to be there until their notice expires.

And that's assuming the s21 is 100% watertight.

as I have another tenant that wants to move in.

That was bad planning on your part, wasn't it?

You don't know when they'll move out. It could be months yet - and then you may find the property is uninhabitable without a lot of work.

Can I make an offer that providing they leave and return the key I will waive some or all of the rent?

Of course you can.
They don't have to accept it.

Morbier

If you had to provide a new EPC, a gas safety certificate and How to Rent guide before you issued a S21, I'm wondering a) why this hadn't already been done and b) whether or not you've protected the deposit correctly?

If not, your S21 will fail at the first fence.

GDB2222

Morbier wrote: »

If you had to provide a new EPC, a gas safety certificate and How to Rent guide before you issued a S21, I'm wondering a) why this hadn't already been done and b) whether or not you've protected the deposit correctly?

If not, your S21 will fail at the first fence.

People here really do love to imagine the worst. Why would the solicitor have picked up on the EPC, etc, but not a basic question like the deposit?

Morbier

GDB2222 wrote: »

People here really do love to imagine the worst. Why would the solicitor have picked up on the EPC, etc, but not a basic question like the deposit?

Ouch!

In my defence, it wasn't a case of imagining the worst, but more of a reminder? Only trying to be helpful, which is what I thought these forums were all about.

MissPony

jamels2 wrote: »

I have employed a solicitor to serve a s21 notice to my tenant who is currently 2.5k in arrears. By the notice date this will be approx 3.5k.
I have no idea whether they are planning to leave on the requested date. My priority is that they leave asap as I have another tenant that wants to move in.
Can I make an offer that providing they leave and return the key I will waive some or all of the rent?
If so is there any advice in how to word the offer? I am aware I should write " without prejudice" on the letter so not to affect the existing s21 .
Thanks for any advice

Why are you not seeking the advice about this from the solicitor you have already employed to evict the tenants? :huh:

At least, then, if the advive you receive is in any way wrong you will have some comeback ... although the advice from the solicitor will probably be correct anyway.