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  • Buy-to-Let

    Section 21 etiquette?

    Hi all

    I am going to evict my tenant in around 6 months time and was just thinking what is the most considerate, yet sensible, way of doing this.

    Just some context on my tenant. She has been with me for 6 years and rent has always been consistent. However, she hasn't really looked after the property and communication hasn't been great either. When she's out, the full house will need a light refurb.

    Which of the following would you do:

    a) Don't mention anything up front and just serve section 21, recorded delivery
    b) Call or send text saying you plan to sell the house, and then serve section 21, recorded delivery
    b) Call her 3-4 months in advance saying you plan to sell the house this year, and then 2 months before section 21, recorded delivery
    c) Any other way?

    I would like to give her as much notice as possible, but part of me is concerned that more notice than necessary may lead to even more disrepair. If she knows she is being evicted, she may become even more carefree. What do you guys think?

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    Write (or if better relationship suggest meeting, cafe or her place then write) explaining what you plan to do, calm & polite.

    She may be angry/shouty/furious..   But it may turn out she was thinking of moving anyway.

    You have absolute legal right to attempt s21 eviction process: She, equally, has absolute legal right to resist through court, PO expiry,bailiffs.

    NB YOU can't evict her, only a court then baliffs etc.  For likely timescales see....

    https://england.shelter.org.uk/housing_a...tion_takes

    NNB Check your planned s21 against...

    https://nhas.org.uk/docs/S21_flowchart.pdf

    &

    https://nearlylegal.co.uk/section-21-flowchart/

    - many s21s are invalid: From landlords, agents, solicitors, "eviction specialist firms"....

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    As TheArtfulDodger has said, I think it would be both fair and sensible to engage with her now.

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    Thanks:

    Lodger not dodger: I don't dodge:

    Serious point: detail matters, especially with landlord/tenant paperwork....

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    Oops! Sorry about that.

    And I do take your point about 'detail' in ASTs etc. Coincidentally, I have been liaising with an in going tenant only today;  and I was explaining to him about how imperative it is that I have his name spelled properly on the documentation. Talking of which, jeepers creepers, the amount of paper we need to print to create a tenancy now!


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    """" Talking of which, jeepers creepers, the amount of paper we need to print to create a tenancy now!""""Eh?  To create a tenancy of less than 3 years, no paperwork is required at all, verbal agreement entirely legal: If bonkers and dangerous and not recommended.

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    Do not serve a Section 21 via recorded delivery (signed for service) as if not signed for the S21 will never have been issued.

    Much better serving in person and getting tenant to sign saying they have taken receipt.

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    Rooms In Cardiff info@highyield.property | Guaranteed RentSingle Let Management £50/month |Cardiff HMO Management | Cardiff Letting Agents & Property Managers | Delivering Double Digit Net Returns

    Rent Smart Wales Agent Licence Number: LR-37010-29907

    The Property Ombudsman: E1405 

    ICO: #ZA276375

    We operate Client Money Protection

    If it is not signed/received, then yes that will be plan B. But I will send it first, and if it is received/signed according to the website tracking, then that should satisfy the courts no?

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    Adam_Davies,

    I prefer not to leave things to chance, if I can not get my S21's signed by tenant I take along a witness and serve in person taking photos that include date and time.

    Also there are issues around timing of service, so sending recorded delivery could affect the validity of the S21 which could be costly.

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    Rooms In Cardiff info@highyield.property | Guaranteed RentSingle Let Management £50/month |Cardiff HMO Management | Cardiff Letting Agents & Property Managers | Delivering Double Digit Net Returns

    Rent Smart Wales Agent Licence Number: LR-37010-29907

    The Property Ombudsman: E1405 

    ICO: #ZA276375

    We operate Client Money Protection

    Pedantry I know. But how do the courts know you have sent a section 21 and not a Beano, by showing recorded delivery? Isn’t the only real ‘proof’ confirmation from the tenant that a section21 has been received?

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    They don't.  Unless, say, video of form going in envelope & then into tenant's hands/letter-box.

    I have heard rumours of landlords (obviously none on here..) sending an envelope with "proof of postage" with, say, a pizza take-away menu inside.  Tenant does nothing, is then surprised an perhaps outflanked when it gets to court.

    Obviously nobody on here would do such a thing... (investment "gurus" I cannot speak for...)

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