Section 21

[elle]

Hi everyone,

I am about to serve my tenant with a Section 21 (grrr )

Firstly, does anybody know where I can find a copy of this I can use for free?

Secondly, the dates of the AST are 26 feb 06 - 25 Feb 07 (so I assume the date of expiry will be 25 Feb 07) is this correct? I have seen that if you write the incorrect information on the S21, it basically invalidates it, so I want to ensure that I have everything correct. Anything else important I should know?

Thirdly, I have discovered that the tenant (only name on the lease) has somebody else living with him there, is there anything I should/can do about this

Lastly, Tenant owes 2.5 months in rent arrears, should I serve a Section 8, with the S21?

Thanks so much for your help.

Elle

[Crimsongirl]

Hi everyone,

I am about to serve my tenant with a Section 21 (grrr )

Firstly, does anybody know where I can find a copy of this I can use for free?

Secondly, the dates of the AST are 26 feb 06 - 25 Feb 07 (so I assume the date of expiry will be 25 Feb 07) is this correct? I have seen that if you write the incorrect information on the S21, it basically invalidates it, so I want to ensure that I have everything correct. Anything else important I should know?

Thirdly, I have discovered that the tenant (only name on the lease) has somebody else living with him there, is there anything I should/can do about this

Lastly, Tenant owes 2.5 months in rent arrears, should I serve a Section 8, with the S21?

Thanks so much for your help.

Elle

[elle]

Whoops @ crimsongirl!

Can anybody advise me what the difference is between a Fixed-Term AST and a Periodic AST.

My property was let through an agents (who aren't managing it, hence me doing this all myself) and the agreement only states that it is an "Agreement for an Assured Shorthold Tenancy"

[Crimsongirl]

Hi,

Sympathies with you starting this process - quite stressful.

Been through this recently though - can be painless.

You can get your local Court House to send you 3 copies of the Section 21.

You will need to fill in 3 (I think) copies - same info: 2 copies back to court house and one you retain.

The court will then validate it (stamp it) and send one to tenant and retain one.

You will need to ensure that you enclose with S21 details of any letters asking tenant to vacate previously and/or letters relating to arrears (if you have them).

The tenant will then be sent the stamped court copy and given an opportunity to appeal - depending on what reason your asking for eviction. I cited rent arrears in excess of 4 weeks, plus failure to comply with terms of AST (no standing order in my case)

If the tenant appeals this can be to delay the proceedings - and in my case the judge asked for a hearing date. Big waste of time in this case as tenant didn't show. (He stated in appeal that he had not received letters asking him to go or letters about arrears - even though I had included these in S21, the court had to give him benefit of doubt that he didnt received them!)

Consequently, when he did not show at court, the judge made order that he should leave property by certain date 6 weeks later. Tenanct didn't vacate and then I had to send in slip from previous paper work to say he still remained. Upon receipt of this, the court issued notice to evict using bailiff (Cost me £150) for date in November. As previously mentioned on this site, tenant vacated day before bailiff was due.

Although tenant has now gone - he took advice and managed to hang on for another 6 weeks by appealing. no rent or arrears met of course. This action does seem the quickest though - unless anyone else can advise otherwise~?

You can issue a S21 which is accelerated process but, does not entitle you to claim back rent! You will have to make a judgement whether you just want tenant out and accept you will not get arrears. If you issue A S8 (includes arrears claim) this will take a lot longer.

I felt that I just wanted tenant out, get place sorted and relet.

Your dates look ok as they comply with original AST - and importantly are not for less than 2 months in future ( court will frown upon you giving them less )

Citizens Advice can be helpful but, information and guidance on this site - just as good.

Good Luck

AST = Assured Shorthold Tenancy

Periodic is when the original AST has lapsed - tenant not signed another one.

does not make much difference to court - all clauses and criteria remains same as original agreement.

Cheers

[elle]

Thank you crimsongirl, you have been such a great help.

I had absolutely no idea that it had to go through the court. I was under the impression that I could download a Section 21 doc from the internet somewhere, fill it in and pop it through the door, or hand to tenant. I thought that if he didn't move out by the end of the tenancy, that is when it went to court.

Whoops!

Now this is going to be a little trickier, as I live out of the country. I would imagine I can have somebody doing this on my behalf, perhaps my mother, acting as my agent?

[GPEL]

You don't need to go thru a court to serve a S21 notice. You do need to make sure it's the correct type of S21 notice. You only need to serve tenant the original, with proof of service, and keep your own copy. All court related activity takes place if the tenant decides to stay put once the notice has expired.

[fleming]

We had our suspicions that our previous tenant had someone else living with her.Only the tenants named on the Agreement were issued with the court papers and the premises were vacant when the bailiff arrived, so I hope this will be the case for you too. The bailiff serves the Warrant for Possession of the Property and I assume any 'hangers on' have to clear out at the same time. Hope it all goes ok.