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  • Buy-to-Let

    Section 21

    Hi
    I have a tenant who has gone into arrears.
     We have issued a section 21.
    We have also agreed a payment plan.
    We have agreed to let them stay and not in enforce the section 21 as long as they keep to the repayment plan.

    The section 21 was issued at the beginning of September 2019. 

    Question.
    We are planning to issue a further section 21 in four months time. This is to ensure we have one in place with no waiting for the first two months. 
    Question: is this legal? 
    Will the courts throw it out because we have issued more than? 
    Will the courts throw it out because we didn't act upon it as soon as we could?

    Thanks
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    You can issue as many s21 as you like.

    For each notice - you must start proceedings within 6 months of the issue of that notice. (otherwise you have to issue another one )

    No courts should not throw it out - should view it as perfectly normal and good practice forbearance when dealing with rent arrears to not issue proceedings while a repayment plan is in place and being adhered to.

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.