Serving S.21..Help pls!

[T.M.]

Hi

please can anyone help with this, as ive never done it before, so its my first time!

i have a tenant witha 6 months tenancy agreement ( 22nd Jan 05 - 21st July 05 )..so its still running n valid at present.

However she is a bit of trouble and i was wondering if i wanted to serve a section 21 to terminate the agreement and not have to keep her on after, how would i go about doing it?

Do i serve it 2 months before expiry date? (so it would be 21st May)?
Do i have to give a reason?
What happens if she doesnt sign it?

Where are the archives on this site, as im not sure how to bring it up?!

Thanks very much people, as any help wud be appreciated. I would like to be fair and do it all right of course.

Thanks. TM

[lawstudent]

Do i serve it 2 months before expiry date? (so it would be 21st May)?
at least 2 months - you could serve it now

Do i have to give a reason?
no

What happens if she doesnt sign it?
she does not need to - you must simply be able to prove you served it (eg by recorded delivery)

[P.Pilcher]

To search the old forum which contains the archives, go to www.landlordhelp.co.uk then click on "forums" This will take you to a page which enables you to select the "rental property forum" which gets you back here, or "search the old forum here" which gets you to the old forum . This still works normally, but nobody uses it anymore. It's search facility can however be used to serch the archives which this forum contains.

Your S21 notice (available from many sources free, but if stuck use www.oyezformslink.co.uk) should be worded so that it expires "after July 21st 2005" Prepare two copies and post them to your tenant at the property address using two different post offices. Retain receipts of postage as these form your proof of service. Do it as soon as possible: more than two months notice is acceptable, less is not. No further action can then be taken unless tenant fails to move out by the stated date. You can then apply to your local county court for a possession order. No reason for requiring the property back is needed, hopefully a court hearing isn't either and if you get the paperwork right, the grant of a possession order is mandatory.

Your tenant does not have to sign anything, you merely have to prove that the S21 notice was delivered to your tenant at the property address, two or more months before the 21st. July.

P.P.

[P.Pilcher]

With the greatest respect to lawstudent, it has been stated by others on this forum that using recorded delivery is not the best of ideas. The tenant can be suspicious and refuse to sign for the document, thus doesn't receive it and you have no proof of service. If you use the technique I mention above, then a judge will accept that the post office may loose one document, but should not accept that neither of two identical documents posted from different post offices will fail to arrive. I am basing my advice on what I do under these circumstances which I learned by reading a post on the old forum by David J. Button. Thanks David!

P.P.

[Muse]

I also read David Button's post regarding this method of serving notices and have used it sucessfully. I have also used it in settling a dispute with a garage, so thanks David the advice has been useful to me.

[T.M.]

Thanks to all who replied to my post. Its been very usefull, i appreciate it. :)