Section 21 Notice (again, sorry) - are there are any free form downloads out there??

blue_monkey_2

Hi All,

Me again.

It's suddenly dawned on my that I need to get this notice sorted out and printed off for mum to fill in and give to us - and it is 1st December on Saturday so I need to get a shufty on!! I think we have until 5th as rent is paid on the 6th, but need to confirm what date we pay her each month. (this is correct isn't it? She gives it on 5th December as rent is due on 6th December and then we have to leave by 5th February.)

Is there any sites who have them for free, or are there legal templates I can use, I hear judges can chuck them out if they are incorrect so I need to make sure everything is right on the form for her. The ones I have found they want payment for so trying to avoid paying for it if possible. She has no access to a computer and does not even have a debit card she can pay with (yeah, I know, don't ask)!!

For those of you who know the history, I've told her I'll get the form for her, she can serve it and then she has to go to her solicitor and get them to deal with all further work for her (she hasn't a clue really) and go to the courts when it is needed. LA have told me about the form so I will assume that it is fine for me to get it for her but that is the very last thing, it's over to her to deal with from now.

As for us, our packing boxes come today and it's time to pack some stuff and chuck stuff out especially as the kids will get new toys for Xmas and forget about the old ones. Everything else I'll stick up for sale on eBay to get some money for new furniture incase we ever need it!! I've got a good amount of time to do it, I am having a huge sale and selling my stock at cost, that is going well, we selling about 100-150 items a week which is going to take HUGE dent out of our goods by the time the End of Jan comes and it'll mean we can save on storage costs as well then. The most daunting thing is knowing that the business I have built up has to close - at least for the short term - especially when I have worked so hard over the years. such is life and all that.

Thanks guys.

teeni

pickone up in whsmiths for about a quid.

scrummy_mummy_2

http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21---section-21---notice-requiring-possession-of-an-assured-shorthold-tenancy.html

Check out the above link...there is a prescribed format (certain bits) that need to go into a S21 Notice which you can Google and write your own S21 Notice if you don't have time to go to Smiths...make sure you get the dates right though.
If your tenancy began on 6th of a month, it ruds from the 6th of one month to the 5th of the following month.

blue_monkey_2

Perfect, thank you. I'll get down there at the weekend. Just want to get a move on with it now!!

Thank you. x

clutton_2

HOUSING ACT 1988

Section 21 (1) (b)

Assured Shorthold Tenancy

Notice Requiring Possession:

To: tenants as named on AST

Of : full address of property rented


From Agent/landlord - specify which & full address




I give you Notice under section 21 of the Housing Act 1988 that I require possession of the dwelling house known as:

full property address


After the : DATE


Signed:

[FONT=&quot]THE LANDLORD/AGENT - [/FONT]

blue_monkey_2

Thanks Clutton,

Can I ask (you seem to be in the know) this is mum's property and she pays the mortgage, named on the deed's ect, but on the electoral register we live here and she lives with her BF at a different address and is named on the electoral register there.

So, when she puts the Landlords name and address does she use the address of the house that she owns, or does she use the one where she lives and is registered as living. Does that make sense?

I must apologise, I think someone gave this form to me before but I got confused at the address she had to put and then forgot all about it (until today when I realised that December was just 2 days away!!).

Thanks in advance for this, I thought it might have to be some big legal document I needed. It is most appreciated.

silvercar

Landlord uses their normal address (where they live).

(If she used your address it would look like you lived with her as a lodger and cause no end of confusion!)

clutton_2

the address for the landlord has to be the same as that which appears on the AST (tenancy agreement)- otherwise the document will PROBABLY not have legal validity.

if the landlords address is the same address as the rental property address then different regulations must apply - i guess your status as tenant may then be seen as a lodger - and very different legislation applies.

i know that you are trying to help your family here, and trying to stop other people being mucked about if you dont move - but i really think you should not be doing this. if this all goes wrong, and if the AST was not a good one, the family will only blame you ..... and none of this is your fautl.

if your mum is going to go to a lawyer, let her go now - and have nothing further to do with these documents.

look out for your own family first

blue_monkey_2

Thanks guys,

Clutton, not trying to help the family now. I spoke to another couple of people and they said the same as everyone else in that if she was quite happy to sell the house out from under us over the Xmas period and in winter then we just have to think about ourselves. A TINY part of me still feels bad but that will pass, I used to feel quite bad but each time I look at my mum and she speaks about it she shows NO remorse at all those doubts are slipping away. So this is why I want to make sure things are done right, I just want to be out and I think that this time next year we could be living in our own place. I just want to get this moving so we can get out so the letter has to be done in early December else it'll mean waiting another month. I've had enough to be honest, but the LA did tell me how to get things moving with the Section 21 so I am going to give her the form and leave it at that. I have told her she will have to get her solicitor to deal with it as I am not risking the LA telling us we have made ourselves homeless. I just want to make sure it is all right so I don't have to be stuck here for another few months if the judge throws it out. If she goes to the solicitors it'll be Wednesday when she is not working and then it'll go past another month and we'll be stuck here another month and that is certainly not in our best interests.

We don't have any tenanacy agreement but the LA said that it would probably be seen as a Periodic Agreement as we pay the same time each month and because we have been here so long, because there is no end date it is not a Fixed Term (hope I got those terms right)

I will use her address where she is living now, makes sense, I never thought of it the other way about it looking like we are lodgers.

Can I ask, is the AST a tenancy agreement? I've not heard that term before.

silvercar

AST = Assured Shorthold Tenancy

blue_monkey_2

Hi Silvercare,

I see at the top of the template it says Assured Shorthold Tenancy, do we use this phrase even though we have a periodic agreement and no tenancy agreement was ever signed?

I am sorry but I don't understand all of these terms.