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

blue_monkey_2

I got it - I found this:

A Periodic Term Tenancy ( Section 21) form is used to indicate that the landlord wishes to terminate the tenancy and must give the tenant at least two months notice. Service of this document is in effect the preliminary step in the accelerated repossession procedure for Assured Shorthold Tenancy.

This Section 21 (4)(a) Notice should only be given to a tenant whose tenancy has become a statutory periodic tenancy - a tenancy that continues after the expiry of a fixed term assured shorthold. A minimum of two months notice is required and the day on which the notice expires must be the last day of a period of the tenancy. The period of a tenancy depends on how often the rent is paid. Thus, if the rent is paid monthly, then the period of the tenancy is one month. In order to find out what day is the last day of the period in a particular tenancy it will be necessary to refer to the original fixed term tenancy. The periodic tenancy begins immediately after the fixed term expires.

blue_monkey_2

Ooh, where it says date do I put the date in 2 months time or the date when the notice is served?? I am assuming 2 months time.

silvercar

Ooh, where it says date do I put the date in 2 months time or the date when the notice is served?? I am assuming 2 months time.

After the: DATE is the date when you need to be out.

Good point about the current date. Somewhere on it you should put the date you are serving the notice. It can be any date prior to the two months minimum requirement, so you could put 30/11/07.

clutton_2

hi, you are struggling with forms which professional landlords struggle with !! if you get one thing wrong the judge will throw it out, your mum will have lost the £150 fee and she will have to start all over again - it happens every week.


because you do not have a written tenancy agreement the accelerated possession process cannot be used - it will have to be a fixed date process.

i understand your need to be out of this house.

my very best advice is to stop paying rent now and your landlady/mum can then apply to the court for 2 weeks notice to have you out. this is faster than waiting for a Section 21 and 2 months notice. as an example

rent due on December 1st - rent not paid - tenant one month in arrears on 2nd December.

rent due January 1st - rent not paid - tenant now two months in arrears and landlord can go to court with a Section 8 and a schedule of rent due and rental payments made - and a judge has to award a possession - usually in 2 weeks time. However, if you are wanting to get local authority housing on leaving mums house, the council will deem that you will have made yourself voluntarily homeless if you are evicted for non-payment of rent. its a wicked position you are in, i'm sorry.


the NLA members part of the website has all the templates and guidelines as to how to fill in all these forms.

this is the fastest way - just stop paying rent and let your mum go to a solicitor and let the solicitor do it .....

this is a complicated matter, made even more complex by the fact that you do not have a written agreement.

if you insist on doing all this yourself, at least get some cheap guaranteed good legal help and join the national landlords association, and use their legal help line to help you get the form filled in properly - and to get their advice as to which form to use in the first place !!!!

good luck

franklee

clutton wrote: »

Section 21 (1) (b)

I thought blue_monkey was on a periodic tenancy? A periodic tenancy is section 21(4)a NOT 21(1)(b). The latter is for notice served during the fixed term. Does the fact there was no written AST change that?

clutton wrote: »

this is the fastest way - just stop paying rent and let your mum go to a solicitor and let the solicitor do it .....

I thought blue_monkey does want council housing and so should keep paying rent.

blue_monkey_2

Hi Guys,

Thanks Franklee, that is a good point, I will look into that as she might be giving us the wrong notice.

Clutton, we cannot get thrown out for non-payment of rent, it has to be the Section 21 with notice being served. If we get thrown out for nan payment of rent then we would have deemed ourselves homeless. There is another thread running on Debt Free Board at the moment of a lady in the same position, she did not pay the rent and was evicted, she has 2 children and she is being given emergency accomodation for 28 days only. We really don't have anywhere else to go right now so for us I'll go with the Section 21 but I'll have a gogle round and see if I can clarify what one I will need. I guess it is going to be easier to buy one as know ma getting the right one, get it downloaded and she can serve it to us ASAP.

Unfortunately we are caught between a rock and a hard place, the Council have told us we have to go down this route for us to be considered for a place, the section 21 give us more points as we then have an unsecure tenancy, we have to send all of our wage slips and that will give us more points as we are on a wage that is too low to pay rent.

The other thing is that we might well find a place but because we need to apply for Housing Beneift we have to secure the tenancy by paying a deposit, then we have to apply to the council to see if the rent is 'acceptable' if they think that the house is too big for us or is overpriced they won't pay it and then we will be tied into a tenancy of no way of paying the rent.

As I said, I think have everything in place but I need to check on which Section 21 I need. I think i need to have a look when the kids are in bed and get my head around it more.

Thanks again everyone. x

blue_monkey_2

Periodic Tenancies:
S.21(4)(a) of the Housing Act 1988 applies to assured shorthold tenancies that have become periodic and states:

Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied-
(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, ........, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above

The procedure for serving notice under s21(4)(a) is slightly more complicated. A notice complying with the above section should only be given to a tenant whose tenancy has become a statutory periodic tenancy - a tenancy that continues after the expiry of a fixed term assured shorthold. A minimum of two months notice is required and the day on which the notice expires must be the last day of a period of the tenancy. The period of a tenancy depends on how often the rent is paid. Thus, if the rent is paid monthly, then the period of the tenancy is one month. In order to find out what day is the last day of the period in a particular tenancy it will be necessary to refer to the original fixed term tenancy. The periodic tenancy begins immediately after the fixed term expires. E.g. If the period of the tenancy is monthly and if the first day of the current period is 3rd March then the last day of that period would be the 2nd April and so a notice served during the current period would need to be completed so as to expire on the last day of a period after a further two months (i.e. 2nd June).
If the tenant does not leave on expiry of the notice, possession can be sought through the courts by either the normal fixed date action or by using the accelerated possession procedure. (Please refer to the Letting Centre Possession and Rent Arrears Pack for further information).
To recover outstanding rent and possession of a dwelling house, the landlord must seek possession by issuing a notice under section 8 of the Housing Act 1988, as amended by the 1996 Act and it is not necessary to issue a section 21 notice as well.

silvercar

The other thing is that we might well find a place but because we need to apply for Housing Beneift we have to secure the tenancy by paying a deposit, then we have to apply to the council to see if the rent is 'acceptable' if they think that the house is too big for us or is overpriced they won't pay it and then we will be tied into a tenancy of no way of paying the rent.

It is common for tenants to supplement the HB to be able to afford the house of their choice. eg HB assessment provides £700 per month and tenant pays additional £50.

blue_monkey_2

Hi Silvercar,

Yes, but this is not what LA are telling me. I wonder if it is because we live in an area that is near the city - a lot of city peole live here and they know they can get their tenants who have 'real' money. When i called I was told that to rent a house for £750 )and this was a cheap house, usual price of a 2 bed is around £1000 a month) we would have to be earning a salary of £26k pa otherwise we would not pass it. Plus our credit rating is bad and they told me if we did not have an A credit rating then they wouldn't touch us either. The only option was for a private landlord but there do not seem to be any in this area either. To be honest, we probably could get housing benefit but if we do find a house for £1000 they could tell us that it is too expensive and they will only pay up to, say £800, and the other £200 we would have to find outselves. Does that make sense?

I have read that some hotels will be happy to give a long term board rate so if the worst some to it we shall ring around and see if we can get a B&B or something, even if it is just for a few weeks until we get sorted. Either way I've started packing now. I just want to make sure all of this is right.

Sorry, Just one more last question (I think) I have found some info on another site and it is telling me that you must name all the tenants, does this mean she has to put my childrens name on the form? They are 3 and 5, not sure if they would need to be told they are being evicted or if it is just for us being the over 18's.

Many thanks

silvercar

You name all the adults on a tenancy, though I have known cases where the one with dodgy credit suddenly appears 2 days later, love at first sight on the doorstep and moves in!

You should be able to find out how much rent HB will give you based on the area you are in and the number of people, age and sex etc. There was a link from a thread on the debt board but the search function isn't picking it up at the moment.