Section 21 notice to leave property

Discussion in 'Finance, Property, Law' started by verdi_811, May 31, 2012.

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  1. I own a property and the tennents havnt paid there rent. The rent was due on the 15th of last month can i start section 21 proceedings?
     
  2. Depends greatly on the type of tenancy.
     
  3. This is were i think i have problems the contract ran out 6 months after the start date as it was let through an agent and they wanted the tennent to pay £120 to renew . I told the tennants not to bother and we would sort this out between ourselves .This is something however i didnt follow up.
     
  4. They tennants in common, or tennants co-habitating? Is it a house of multiple occupany? Is one tennant responsible for collecting all the rents or do they each pay individually?
     
  5. just a normal couple cohabiting !
     
  6. You're right, you have problems. Ignoring the cock up, if they're now in a periodic tenancy, then you're going to need to issue a s21 with a good 2 months notice period, from what I remember. I'd see a solicitor, TBH.
     
  7. would that be 2 months from the payment date that has been missed or from the date served?
     
  8. Again, this is from the depths of my brain: it's two months from the date you serve it, and I think there has to be some coincidence with the rent due date. Make sure you pad the vacated date by a few days, just to cover the legalities of when it has been deemed "served".
     
  9. Soggy4978

    Soggy4978 Old-Salt Book Reviewer

    You'll need to issue a section 21(b) although it could be a but im pretty sure its b for periodic tenancies. This has to be issued before the next rent date and give 2 months notice from said rent date. I.e rent date is 6th of June - issue it now and they have to leave on 6th of August. If you issue it after the rent date it has to be 2 months from the next rent date (they'd have to leave 6 September.
     
  10. Last time I saw so many Tennants was at a Squadron Smoker in the '90s...
     
    • Like Like x 1
  11. Was that when they doused you in petrol and let the zippo and gravitty do the rest? sorry wrong regt' wrong smoker...
     
  12. Is the rent being late a one off? Are they on housing benefit or not? Have you spoken to the tennants and asked for an explaination?

    It all depends on the circumstances of the arrears and whether or not it can be reasonably resolved.

    Of course, if they are tenants from hell you dont need a reason to serve a s21 so long as they are out of the assured period which you state they are.

    You could find yourself greatly out of pocket finding new tenants when there could be a genuine reason for the rent being late or a simple resolution available.
     
  13. I know much of this has been covered but...

    I'm presuming your tenants had a 6 months lease which has now expired?

    If so they now have statutory periodic tenancy, which means they are legally entitled to be there and as stated above you must serve a s21 notice. This is a no fault procedure however and you do not have to show they have breached any covenants or terms of the lease, you simply have to give them 2 calendar months to get out and that's it - if they don't they will then be there illegally and you can commence the eviction process

    Be aware though, the s.21 notice must be drafted in the correct form or the courts will quite possibly reject it.

    This may help:

    My Bad Apple - Evict Your Tenants For Free