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View Full Version : Evicting a tenant using s.21(4)(a)



mbs
12-07-2009, 08:09 AM
Hi there, I was hoping someone might be able to help.

I've got a tenant that I would like to evict as he is consistently late paying his rent. He is typically 3 weeks late paying after a fair amount of chasing. However, I've decided I've had enough so would like to evict him. From speaking with him he is looking to get a council house, so is looking to be evicted.

Q1. I served the tenant with a 21(a) notice in September last year, but this provoked rent being paid on time, so I let him stay as things were back on track. To evict him now, do I need to issue a new 21(a)?

Q2. The tenant has been with me for around 2.5 years so hasn't been registered under any deposit protection scheme (and I don't believe they need to be according to this website (https://www.depositprotection.com/Public/Legislation.aspx)). However, I've read on this site that they need to be under a DPS in order to serve a Section 21(a) - is that correct? If so, should I now register them with a DPS in order to serve the notice?

Q3. Is the following correct

Rent due: 1st every month
Date this notice served: 12th July 2009
Date of expiry of this notice: 31st September 2009

I hope someone can assist,

Mark

mind the gap
12-07-2009, 08:12 AM
Has the tenant signed a new AST at any point since April 6 2007, or has he been on a statutory periodic tenancy since then - or something else?

(This will determine whether or not the deposit should have been protected and thus whether the s21 may be served).

mbs
12-07-2009, 08:14 AM
No, the the tenant hasn't signed any new agreement - they are on a periodic

mind the gap
12-07-2009, 08:19 AM
No, the the tenant hasn't signed any new agreement - they are on a periodic

Well, in that case, the deposit protection thing is not an issue. (Non-protection only invalidates a section 21 notice if the deposit was legally required to be protected, which your tenant's wasn't).

Assuming the rent due day is the same as the day of the month on which the tenancy began (is it?) then your notice appears valid.

mbs
12-07-2009, 08:22 AM
Many thanks, thats good news. I don't suppose you know about Q1 too?

mind the gap
12-07-2009, 08:30 AM
Many thanks, thats good news. I don't suppose you know about Q1 & Q3 too?
Q1 It is my understanding that once you have validly served a section 21 notice requiring possession you can act upon it at any point after its expiry without having to serve another one. However,
Q3. You ask whether this is a valid notice - so I assumed that you had decided to serve a new on anyway!

By the way, section 21 notices (as long as they are validly served) are no fault notices - it is irrelevant whether or not the tenant started paying the rent. Once the notice has expired you have grounds for possesison although if T does not vacate when asked to, you may need to get a court order, bailiffs etc.

mbs
12-07-2009, 08:42 AM
Thanks again. To answer your question - no i haven't yet served a new notice - I was hoping the original might still be valid, which seems to be the case.

With this in mind, what are my next steps for evicting the tenant? What evidence do I need if it goes to court? The tenant says he "lost" the original notice, but I did hand deliver it to him at the time.

mind the gap
12-07-2009, 09:26 AM
If you have no objective evidence that you served the original notice, you would be advised to serve a new one and either send two copies form different post offices and retain proofs of posting, or get a reliable witness and photos of you handing it over/posting it. Search this site for 'service of notices' - ther eis lots of info.

mbs
12-07-2009, 09:31 AM
Thanks again - I really appreciate all the answers to my questions.

havensRus
12-07-2009, 13:13 PM
Thanks again. To answer your question - no i haven't yet served a new notice - I was hoping the original might still be valid, which seems to be the case.


A S21 notice remains valid until a new AST is issued. You need to ensure the dates are correct. If similar to the example you posted, then its fine.



With this in mind, what are my next steps for evicting the tenant? What evidence do I need if it goes to court? The tenant says he "lost" the original notice, but I did hand deliver it to him at the time.

You could fill in a form N215 Certificate of Service, stating the date/method used when you served him the notice last year. It is accepted by the courts. Presumably you still have your own copy of the S21 notice? If not, then you will need to serve another one.


If you have no objective evidence that you served the original notice, you would be advised to serve a new one and either send two copies form different post offices and retain proofs of posting, or get a reliable witness and photos of you handing it over/posting it. Search this site for 'service of notices' - ther eis lots of info.

If you need to serve another one, then do it by post and get a "certificate of posting". Also complete the form N215 to supplement. I've never had to get a witness, and its never been an issue, and I've done a few of these.

If you are acting on the existing S21, then fill in the form N5b, and send it to the appropriate court together with the supporting documents (AST, S21 notice, proof of posting etc.) which will be numbered as stated in the N5b. A cheque for £150 payable to HMCS should accompany it. Depending on how busy the court is, you should get a reply back in 4-6 weeks giving you possession on a specified date - which could be a further 4-6 weeks. T will get his copy. If he doesn't move out by possession date, then you will need to get the bailiffs in - could take another 4 weeks plus another fee....

jeffrey
12-07-2009, 15:33 PM
Date of expiry of this notice: 31st September 2009
Non-existent date; so almost certainly the Notice is invalid.

mind the gap
12-07-2009, 20:42 PM
Non-existent date; so almost certainly the Notice is invalid.

:eek: Well spotted, Holmes!

mbs
15-07-2009, 17:06 PM
Just an update and a bit more advice if that's possible

I gave the tenant a photocopy of the original eviction notice (which I got him to sign at the time - for future proof). He's taken it to the housing office who have told me that the notice is no longer valid as I agreed with him that if he started to pay on time then i wouldn't enforce the notice. This is what we agreed after he promised to be on time going forward. However, after an initial improvement, he is now paying consistantly late after much chasing. So I now wanted to enforce it my notice.

Are the housing office correct in that I need to provide a new notice because of the verbal agreement I made at the time?

havensRus
15-07-2009, 17:59 PM
Are the housing office correct in that I need to provide a new notice because of the verbal agreement I made at the time?

NO. Laughable really, but not surprising. It is your perogative on whether or not to enforce the notice after it becomes effective. If the dates are correct, it is a valid notice.