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  • Landlord Resources

    Section 21

    Hi All,

    I would like to evict my tenant and need to serve him a Section 21 notice. He continually isn't paying the rent and is trashing the place.

    Is there a template on here or a step by step which I can use?

    Thanks,

    George

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    Hey George,

    When you say the rent isn't being paid, what is the total of arrears the tenant has accrued? Maybe a section 8 notice would be better.


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    Hi Brendan,

    Its currently at £1000 however this is after spending 3 months bringing things up to date where he had missed out months previous and not made up the balance. Also the tenancy contract states that he cant smoke in there however this isn't being observed even after repeated warnings. The flat is looking awfully shabby now and considering its only 5 years old I didn't expect to have to do any work to it just yet!

    Thanks,

    George

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    Hello George,

    Template notices can be found online but you also need to ensure that that notice is actually valid. For that to be the case you need to have complied with deposit protection scheme registration and prescribed information + all the requirements of the Deregulation Act if the tenancy started after 1st October 2015. There are also potential issues e.g. if your property needs a license or if any improvement notices have been served by the local authority. That would all need to be looked into to ensure the notice is actually valid. It isn't the notice itself that's complex, its ensuring any such notice is correct and can be relied upon by you.  

    There is no discretion on this and if only slightly incorrect or something is missed, the notice will not be valid. That means you lose 2 months whilst the arrears continue to accrue before you sort out the issue and re serve a new notice so there's real value in getting this right. These can all be dealt with for you for low fixed fees. Full disclosure- we offer that service for £120 inc VAT. If you don't do it yourself ensure you ask for a fixed fee. A section 8 notice might work if there are arrears equal to or more than 8 weeks or 2 months or two 'periods' depending on the tenancy situation and if its in the fixed or assured period but that's very fact specific and we don't have the information here based on what you've said. There would be a hearing with a section 8 notice and you're at risk of a counterclaim- e.g. tenant may say the condition of the property is actually disrepair caused by you (which I've seen many times). There's also a risk that the tenant has no assets and therefore the cost; benefit of obtaining a CCJ for unpaid rent is unclear at best. Finally with a section 8 notice there would be a hearing whereas with a section 21 notice the good news is that you can issue an accelerated claim with no hearing unless it is defended or hardship is claimed. Which way to go is always something to weigh up on a case by case basis but usually I advise pursuing possession via section 21 and then separately a money claim for arrears after possession has been obtained. That allows you to relet the property and secure some form of income before taking on an arrears claim that might be contested. The good news is that if you get this right you will regain possession. However you proceed good luck!

    Alex.

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    Alex. Cook

    Partner

    Helix Law

    01273 761990

    ac@helix-law.com

    http://www.helix-law.com

    Find me on LinkedIn; http://www.linkedin.com/in/disputesolicitor/

    Hi George,

    Do you belong to any of the landlord trade bodies e.g. RLA, NLA, etc?

    I'm sure they'll all have a template free to download.

    I've got a feeling that the S21 form has been replaced by form 6A depending on when the tenancy started?

    Quick google should answer that.

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    Thanks for all your replies. I am not a member of either the RLA or NLA (never saw the value as it is my only property) however I have the deposit protected.

    I'll issue the notice and have pictures of the damage caused, hopefully he leaves without any issue so I can re-instate the property and get it re-rented asap!

    Thanks!

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    Do bear in mind a s.21 may not be the end of it. Tenants often use free advice from the likes of Shelter and CAB and they can find flaws in private landlord procedures.

    Also if the tenant has no where to go they may ignore the notice and then you have to go down the order for possession and Bailiff route. If they are seeking advice from the council then the council will generally advise them to stay out until literally thrown out.

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    It is at times like these that membership of a landlord association is worth it's weight in gold.  The RLA have the templates and offer a service to complete the actual notice correctly for you, and also operate an advice helpline. 



    This video may also assist you:


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    Interesting thread.  Does anyone know when the 2 months starts from?

    I have a tenant that has not paid the end of May rent.  We issued a Section 21 beginning of June.  So does he have to be out end of July or end of August?


    Thanks

    George  (different one!)


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    He doesn't "have to be out". An s21 does not end a tenancy nor require a tenant to leave: It merely permits landlord, on expiry, to start court process...(and find out if s21 was invalid..)

    If a tenant does not pay rent then s8 is relevant. s8g10 can be issued if only 1p is underpaid for only 1 day. And MCoL can be started promptly also...without waiting for s21... Tenant gets CCJ quicker...

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    But can I start the court process end of July or August?

    I understand I have to give 2 months notice whether section 8 or 21.

    Many thanks,

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