S 21

[kerbut]

I have an AST ending at the end of May and intend giving them notice on /or before 29 March, as its the end of the 6 month term I do not wish to renew which grounds do I use?, at present no arrears ( but expect them when I serve notice )I presume ( not a new Landlord , been at it 30 years )that if I do not wish to renew rather than the tenancy being an extension of the previous agreement and if they refuse to move out that they would be squatters which is a Police offence as a new tenancy agreement has been offered.

 

[Melboy]

I doubt whether you will be able to use the Squatters Act as your tenants had legal occupation of your property and they have not broken into the property to gain access and well, squat. I would say the police would class your complaint as a Civil Offence.

Evicting any tenant right now is nigh on impossible with the Government Covid rulings on tenancy evictions right now.

[kerbut]

Thanks for your reply and I think you are right , we have a home owning  Guarantor in place but didn't do rent guarantee in this case due to the price hike that was levied due to C19, hopefully when lockdown ends we will be able to force through the court evection.

[Grampa]

If the current tenancy is the first one the tenants have signed you cannot serve a s21 until 4 months and 1 day have passed. A s21 doesnt have grounds that would be for a S8 which is normally used for rent arrears using grounds 8,10,11.

The notice period for a section 21 has been currently increased from 2 months to 6 months. Also a new "pre-action plan" was published in sept 2020 and should be followed before you serve the notice and if not could result in delays in getting procession. see the below link.

 https://www.nrla.org.uk/resources/ending-your-tenancy/pre-action-plan-avoiding-possession-claims

I would suggest as soon as the rent is late put pressure on the guarantor to pay who can put further pressure on the tenants to pay up or vacate.

 

[Carryon Regardless]

The removal of S21 is still in consultation isn't it?

That is aside for the action plan Grampa put up, that nigh on makes a S21 useless anyway.

Isn't the repossession possibility returned to us at the end of March, so far? If that's still the case we then have the problem of when we can get a court hearing to get an official 'out' date. At that point are we still able to instruct a Bailiff w/o further court involvement?

As above I would take pro active steps against the G'tor and hope they put pressure on the T's, and not bury their heads.

So many changes, so much to protect the poor t's, my 'ead gets a bit confused.

[kerbut]

I personally think they (he) will go before the tenancy end date , he emailed last Sunday asking for the joint tenancy to be amended to his name only as his partner and new baby have moved out , I declined the request pointing out it is an AST in joint names and as it runs out on the 29 May  it would be costing him a lot of money to change it, I have given him 2 dates , (next Monday at 0900 or next Thursday late afternoon ) to have a 3 monthly inspection by our inventory clerk , so far I have not received no reply , the rent is due on 29th , if it doesn't arrive I will send an email to the guarantor saying that as he has not replied and late rent I will be serving  notice after 4 months and 1 day. 

[Grampa]

Don't be pressurised into giving a new AST otherwise you will need another 4 months and 1 day. If the current tenancy is not their first one the 4 month and 1 day doesn't apply.

COR I agree the new rules are a pain but just look upon it as normal but with longer process. 

 

[Richlist]

So....let me try to understand this.

Let's say:

* AST ends 31st May.

* Serve S21 before end of March .

* 6 months notice term runs until end of September.

* If they don't move out then, take court action, likely to be lengthy process due to the backlog.

Great being a landlord isnt it ?

[Grampa]

1 hour ago, Richlist said:

So....let me try to understand this.

Let's say:

* AST ends 31st May.

* Serve S21 before end of March .

* 6 months notice term runs until end of September.

* If they don't move out then, take court action, likely to be lengthy process due to the backlog.

Great being a landlord isnt it ?

yes, so an extra 4 months on the notice period and any delays there may be with backlog of court cases.

[Richlist]

That would mean that if Kerbuts tenant decides to stay and pay rent.......he is guaranteed security of tenure until September and probably until early 2022 given the court backlog.

[kerbut]

Hopefully he will be gone by then !

 

[Richlist]

Good luck Kerbut. Sometimes we all need a good helping of luck.

[kerbut]

Thanks RL , in all the years I have done this its the first problem , so not too bad 

[Grampa]

I have read somewhere landlords in some areas are now illegally evicting tenants as the financial penaties can be hughly less than the current extended legal eviction route. But you do get a crimminal conviction though. 

[Carryon Regardless]

I'm not surprised Grampa.

Many LL's have a choice of me or them if they are likely to go down themselves.

Of course harassment is much the same thing but may not carry the same threat of police action.

Then if a LL is charged, how long before a court hearing? By then you expect said T to be relocated so at no significant detriment, or homeless so a no show at court.

I don't believe Shelter are active at the moment, they were certainly as good as closed in Rhyl during the 1st lock down. I would guess Citizens Rights to be similar.