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  • Legal FAQs

    Section 21 notice

    Hi Guys

    Just checking to see whether there maybe a potential issue...We have been renting a 3 bed house to a newly wed couples for the past 18 months organised through a local agent tenant find only...in the past 4 months the rent has been paid late normally by a week or 2 without  a real explanation..I have today received notice by Mrs that they have now sepeated; she has moved out and Mr will pay the overdue rent later this week and will take over the rent...we have text Mrs to inform her of her responsibility and we will be serving a S21..she wants to know what grounds we are issuing S21...my question is do I have to give a valid reason? Thanks in advance for any suggestions.

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    No reason needed if it is out of contract (periodical).

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    Why have you not spoken to the remaining tenant to see if he has the ability to pay your rent and ask why he has been late. Perhaps he has been the one  paying all along and recent  domestic problems just meant he got delayed. These things do happen. Just jumping in with both feet before finding out the facts only gets the tenant upset and rightly so. If it was me I would stop paying the rent and say go to court. It costs you money, time, and he gets away living rent free for the next 6 months . Who wins then - not you.

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    Hi Dave....

    I agree with both previous posts.

    S21 - no grounds needed and used after the fixed term has expired. So classed as periodic tenancy.

    Being 1 sometimes 2 weeks late isnt a huge problem my friend. It's when it becomes more 6-8 weeks stronger action is required. Depending on the rent escalation process used.

    If Mr. Can cover the rent then I'd suggest keep him. You may decide to provide him with a new tenancy. Though ensure Mr passes affordability on his own.

    You dont want void loss or void maintenance costs, if you can help it and reading your email Mr & Mrs haven't provided too many problems, if any.

    Finally, why are you doing this if you have a local agent managing the property for you......that is there job to advise listen and act.

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    If you can get a letter from the wife terminating the tenancy, it ends it for both of them (assuming a joint tenancy) - she may do this if she realises she is still jointly liable for the rent. She can not end the tenancy for just her.You need to accept the Notice To Quit in writing. You then don't need S21 or S8 notices which will speed up the process of getting possession. You do still need a court order for the eviction if the husband doesn't leave voluntarily. You could also be able to claim double rent - see https://www.landlordlawblog.co.uk/2009/12...landlords/ and https://www.landlordlawblog.co.uk/2018/04...ade-leave/.

    Having said that, I have to join Dave Marsters in questioning why you haven't spoken to the husband and looked at giving him a new tenancy agreement. There would then be no problems with eviction costs or a void period. Obviously he would need to be able to afford it. Possibly the his circumstances 18 months ago might have meant he couldn't afford it but they might have changed in the meantime.

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