Section 21 issue help!

[Rocky1]

Hi.

I need to issue my tenant with a Section 21 notice to evict them, but I am not sure whether to use the 21(1)(b) or the 21(4)(a)! They are currently just still within their first 6 months, and I want to issue the Section 21 before this ends, but because I have to give them 2 months notice, obviously the eviction date will be after the initial 6 months, so by then the tenancy will have become periodic I believe?

And also I can't get my head round how I work out what date to put as the expiry date. Obviously it has to be at least 2 months, but can it be 2 months from when I issue it, or will it have to coincide with the rent payment date, because by then the tenancy will have become periodic??

Any thoughts or help would be massively appreciated!

Thanks very much.

[Amethyst]

Re: Section 21 issue help!

What is the reason for eviction ? (that has, I believe, a greater emphasis on how you complete and date the forms and also affects the 2 months depending what the reason is)

[Rocky1]

Re: Section 21 issue help!

Hi.

Basically they've been hit and miss with the rent + are a bit of a nuisance to get hold of etc.

Thanks.

[Amethyst]

Re: Section 21 issue help!

Fair enough then as they are still in their first 6 months of assured shorthold tenancy, you are right in the section 21 with 2 months in that case.

You can send the section 21 (under 21.1.b) before the end of the first six months so long as the two months ends afterwards. If you wait till after the end of the six months things get a little more complex.


For future ref, a good place to check on landlord issues is the landlordzone forums. LandlordZONE Forums

[Rocky1]

Re: Section 21 issue help!

Thanks so much Amethyst.

Their tenancy ends on 27 January, so if I were to issue the Section 21(1)b today, what would be their 2 months notice?

Thank you.

[Rocky1]

Re: Section 21 issue help!

Also, do you have a template of a Section 21(1)b, or know where I could find one online??

Thanks very much.

[Amethyst]

Re: Section 21 issue help!

Well you'd have to allow for service (unless you deliver personally by hand), so basically whenever you deliver it. If you handed it to them today, the two months would be 24th February 2011 at the earliest.



Example below; and attached (from landlordzone)

HOUSING ACT 1988 - SECTION 21
Notice seeking possession of a property let on an assured shorthold tenancy

This notice is the first step towards requiring you to give up possession of your home. You should read it very carefully.

If you need advice about this notice, and what you should do about it, take it as quickly as possible to any one of the following:

• • — a Citizen's Advice Bureau,
  • — a housing aid centre,
  • — a law centre, or
  • — a solicitor.
  
  
• You may be able to get help with all or part of the cost of legal advice and assistance under the Legal Aid Scheme

• 1 To: (name(s) of tenant(s))
• 2 Your landlord intends to apply to the court for an order requiring you to give up possession of: (address of premises)
• • — You can only be required to leave your home if your landlord gets an order for possession
  • — Where the court is satisfied that the letting is an assured shorthold tenancy it must make an order for possession
  • — If you are willing to give up possession of your home without a court order, you should tell the person who signed this notice as soon as possible and say when you can leave
  
  
• 3 This notice expires on (date) and court proceedings will not begin until after that date

To be signed by the landlord or his agent (someone acting for him)
Signed: (signature)
Name(s) of landlord(s): (name(s))
Address of landlord(s): (address(s))
Tel: (insert details)
If signed by agent, name and address of agent: (insert details)
Tel: (insert details)
Date: (date)

[Rocky1]

Re: Section 21 issue help!

Thanks very much for all your help, it's greatly appreciated!! XX

[NS7589]

Re: Section 21 issue help!

I think you will find you have to give 2 clear calendar months notice. So if you served the notice today, it would have to expire on the last day of February. This is presuming their rent is due monthly and not weekly? If you don't, they could successfully challenge in court and you could be made to do the whole process again.
Also, you are not evicting them, you are simply not renewing their tenancy. Eviction can only be for a breach of tenancy; but to end a tenancy under sec 21 there doesn't need to be a breach - you are simply exercising your right as a landlord not to let the property any longer (at least to those tenants)