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  • Legal FAQs

    Advice over Section 21 process...

    The end of a single, joint tenancy is due on 12th July, and one tenant has requested (and joint tenants received) a Section 21 notice in order to get council housing. The Section 21 goes to 19th July.

    Should I go and inspect the property on 12th July or would that be ill advised? Unsure....and then go in again on 20th July? 

    The joint tenants will almost definitely have different plans after the 12th, and I'm fully expecting the single Mum to stay and her former partner (no children) to leave. How to proceed?

    Relations very good ATM...House well looked after...

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    You can inspect on the 12th on notice as normal. If one tenant does not leave then they have not given up possession and you need to commence possession proceedings against both of them
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.
    How do I calculate outstanding rent? Daily? Weekly? Monthly?
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    The council won't want to find housing for someone who has just deliberately made themselves homeless.

    What do you plan to tell the housing benefit department if they get in touch and ask why you have served notice?

    The council will tell them to sit and wait for the court to award possession (and, possibly, for the bailiffs).

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    The tenant had me over a barrel, as we all know. Serve the Section 21 as requested or serve it when one remained and the other left. At least I  had the heads up of what was to come...other landlords must have had the same Hobson’s choice. The NLA advice line spelt it out for me. The council will be told I knew the relationship had broken down and neither could afford the rent on their own. I was using Section 21 whilst  I can. I have Rent  arrears and Legal Insurance via Alan Boswell, but the tricky bit is working out what they’re doing, as they do or don’t do it! Ha ha! Just wanted the benefit of landlords’ experience...
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    If you join the RLA - taking advantage of the 25% discount to PT members - you will be able to phone their advice line as many times as you need to.

    They provide advice about Section 21 day in and day out.

    They even have a service where they prepare the paperwork for you.  This would be money well spent, and save you time and worry about getting the documentation right.

    Worth every penny of your membership fee, which of course is also tax deductible!

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    Thanks, Vanessa, I’m part of they NLA and they have been great. It’s just a matter of, inching my way through this...Unfortunately the insurers won’t tell, me how much my premium is likely to go up. A little nervous...
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    Hi
    New to this. Does anyone know where I can get an example of a section 21 notice. I have sent a letter to the tenant but she says she wants an official 21 notice. Do I have to go through a solicitor? Thanks
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    You need form 6A. It is simple enough that you shouldn't need an example. It is a legal requirement that you use this form when evicting using section 21.

    You can do the process yourself but if you are unsure you might be better using a solicitor. Is your tenant going to leave at the end of the notice period or are you going to have to go to court?

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    You can get the Form 6A/ Section 21 off the Gov.UK website. However, both the RLA and the NLA have everything you need, plus better guidance on their website. You need to be a member, though...I chickened out, and got my agency to serve it for a ridiculous price. I was super busy at work, no printer at home, and a novice, and nervous. Glad I did it, as we are that further on, now...and no rent owed...yet! Ha ha!
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