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Mark S · 10-10-2012, 01:18 PM

Hi all and thanks in advance for reading my post.
Bit of background I have a tenant on a 6 month AST with a guarantor who has signed a deed of guarantee.

I am looking to serve a Section 21(1)b notice as the tenancy is still in the fixed term period. The tenants bond, DPS T’s & C’s and “prescribed Information” was all recorded and sent out to both the tenant and guarantor in the set time period.
When I issue a Section 21(1)b do I just list the tenant on the form and send a copy to both the tenant and guarantor or do I have to name the tenant and guarantor on the Section 21 form and send them both a copy?

I hope this makes sense and look forward to receiving any information the forum can provide.

Cheers,

Mark

Dave Reaney · 10-10-2012, 02:48 PM

Sometimes, guarantors are named as tenants on tenancy agreements. Presuming that isn't the case, then the s21 is made out to the tenant only, and served on the tenant only.

Glenn Ackroyd · 10-10-2012, 03:52 PM

Hi Mark,

If you are wanting a Section 21 form and completing with the correct dates, you can get one here; www.freesection21.co.uk

As for the names, the guarantor does not need to be named or served. It is good practice to send them a copy with a letter pointing out the need to leave, clear rubbish, make good any repairs etc, otherwise the guarantor would be liable.

This helps make sure that the guarantor coerces the tenant to behave responsibly when they go.

Mark S · 11-10-2012, 07:31 PM

Glenn/Dave,

Thank you very much for your input, that's cleared things up for me.

Cheers,

Mark

Bruce Lunt · 12-10-2012, 09:52 AM

Make sure you check the AST for the correct method of service of the notice and that any deemed dates of service comply with the notice dates.

David · 07-11-2012, 03:25 PM

I am new here, but i just have a quick question.

I need to server a section 21b also, but i did not register the deposit in time (2 weeks late, ie 6 weeks after tenancy was signed)

Can I still do this? I really need the tenants out, they are trashing the house :/

Help?

Dave Reaney · 07-11-2012, 09:44 PM

(07-11-2012 03:25 PM)davidhg Wrote: I am new here, but i just have a quick question.

I need to server a section 21b also, but i did not register the deposit in time (2 weeks late, ie 6 weeks after tenancy was signed)

Can I still do this? I really need the tenants out, they are trashing the house :/

Help?

You can not serve a valid section 21 notice until you either return the deposit to the tenants OR (if they are in arrears) get them to agree to you using the deposit against their rent debt.

I appreciate you may not want to give the deposit back, but it is a relatively minor issue when compared to the penalty you could face for late protection. Returning the deposit doesn't waive that, but reduces the chance of T kicking off about it.

You may be better serving a section 8 notice, which is not deposit-dependant and has only 14 days notice in most cases. I'd still suggest the deposit return though.

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