stephheaton Posted July 12, 2011 Report Share Posted July 12, 2011 Hi I have tennants in my house and the contract is due to end at the end of July. I have told them that I have no intentions of renewing the contract as the have never paid the rent on time and have failed to be in when I have arranged people to do repairs on the property as they requested and arranged at their convenience. They are telling me I need to issue a section 21 notice, is this the case if the contract is up? Thans for any help as I need these people out because they are costing me money. Link to comment Share on other sites More sharing options...
Mortitia Posted July 12, 2011 Report Share Posted July 12, 2011 Yes you will have to issue a Section 21 or get a solicitor to do it for a fixed price. You can only date it from just before the rent due date and it has to give 2 clear months notice. Check out other pitfalls and details of service on this site. So say the rent due date is the 25th of July the S21 must be with the tenant by 23 month for good measure and your notice period will expire 24th September. If they don't vacate on that date or before then you will have to apply for a court order for possession (another 3-6 week wait). Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted July 13, 2011 Report Share Posted July 13, 2011 You need to serve a s.21(1)( notice now. Do not wait until the end of the contract as at that point your notice has to be two months ending on a last day of a period of the tenancy. If you serve your notice now it just needs to give two months notice. Make sure you have proof of service, ideally serve your notice by hand, just pushing it through the letterbox will suffice. If you have taken a deposit you will need to have it placed with the DPS or an insurance backed scheme before you serve your s.21 notice otherwise your notice will be invalid. If you are in doubt seek legal advice, having said this a lot of solicitors get it wrong too. Link to comment Share on other sites More sharing options...
Grampa Posted July 13, 2011 Report Share Posted July 13, 2011 I stand to be corrected but doesnt the tenancy agreement has to have provision in it for you to be able to just leave the notice at the property? Link to comment Share on other sites More sharing options...
LLAW96 Posted July 13, 2011 Report Share Posted July 13, 2011 The simple answer to that is no. The usual clauses you will find on an agreement in relation to service of notices relates to the landlords address for service (s.48 Landlord and Tenant Act 1987) and s.196 Law Property Act 1925 (as amended) relating to service of notices/documents on a tenant. Delivery by hand or process server is effective service. Things go astray in the post, tenants will refuse to sign for recorded delivery. The fact that you have a certificate of posting or recorded delivery number can be rebutted by a tenant. A sworn statement/certificate of service by the landlord/agent stating that it was posted by hand at the property always does the trick. Link to comment Share on other sites More sharing options...
Grampa Posted July 13, 2011 Report Share Posted July 13, 2011 Thanks for the detailed reply. I asked because it came up on one of the legal courses I went on run by ARLA (I think) a few years ago. I do take your point about recorded and proof of postage can be refused to be signed for and proof of postage is no proof of delivery but as I send a copy of the notice by each method the judges do seem to accept it. I just find it easier and it works for me. Though the first time is doesn't I will review the method and probably use your way. Link to comment Share on other sites More sharing options...
Mortitia Posted July 14, 2011 Report Share Posted July 14, 2011 You need to serve a s.21(1)( notice B)now. Do not wait until the end of the contract as at that point your notice has to be two months ending on a last day of a period of the tenancy. If you serve your notice now it just needs to give two months notice. Make sure you have proof of service, ideally serve your notice by hand, just pushing it through the letterbox will suffice. If you have taken a deposit you will need to have it placed with the DPS or an insurance backed scheme before you serve your s.21 notice otherwise your notice will be invalid. If you are in doubt seek legal advice, having said this a lot of solicitors get it wrong too. Link to comment Share on other sites More sharing options...
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