PDA

View Full Version : S.21 service & TDS requirements



stephenenglish
10-02-2010, 20:24 PM
Can you help me please?
My now periodic tenants rent is payable 24th of each month.
I posted by hand a S.21 through my tenant’s door on 5th February giving notice to quit 23rd April and I sent a duplicate by recorded delivery. I’m concerned about denial of receipt/service.
If I use a professional serving agent to serve the S.21 before 23rd February do I simply serve a copy of S.21 document previously sent, or do I have to prepare a new S.21 with a new notice served date?
My agent is currently holding the tenants deposit in a TDS, is there a legal requirement for me to inform my agent or the TDS in writing that I’ve given the tenant a S.21?

jeffrey
10-02-2010, 20:28 PM
You say giving notice to quit 23rd April.
1. On what date did the original fixed term begin?
2. How long a fixed term did you grant?
3. Was rent payable monthly in advance during it?
4. Was the Notice served during the fixed term or after its expiry?
5. Was the Notice under s.21(1)(b) or s.21(4)(a)?
6. What was the precise wording of the Notice's text: 'on 23 April' or 'after 23 April'?

Snorkerz
10-02-2010, 23:25 PM
Does the royal mail website show the s21 as delivered?

Was your agent let-only or do they manage the property for you? If the former - no need to notify, if the latter - why are you serving the s21?

Jeffreys points will all need answering before useful advice can be given.

Snorkerz
10-02-2010, 23:27 PM
If I use a professional serving agent to serve the S.21 Gawd, don't do that.

Send 2 copies, from separate post offices, by ordinary 1st class with free certificate of posting. Total cost 78p. The court will accept that as being served the following business day.

stephenenglish
11-02-2010, 11:55 AM
You say giving notice to quit 23rd April.
1. On what date did the original fixed term begin?
2. How long a fixed term did you grant?
3. Was rent payable monthly in advance during it?
4. Was the Notice served during the fixed term or after its expiry?
5. Was the Notice under s.21(1)(b) or s.21(4)(a)?
6. What was the precise wording of the Notice's text: 'on 23 April' or 'after 23 April'?

You say giving notice to quit 23rd April.
1. On what date did the original fixed term begin?
Agreement was made on 20th June 2009
Term commencing 24th June 2009
Expiring 23rd December 2009
2. How long a fixed term did you grant?
Six calendar months
3. Was rent payable monthly in advance during it?
Rent payable in advance on the 24th of each month
4. Was the Notice served during the fixed term or after its expiry?
Served after on 5th February 2010
5. Was the Notice under s.21(1)(b) or s.21(4)(a)?
Under s.21(4)(a)
6. What was the precise wording of the Notice's text: 'on 23 April' or 'after 23 April'?
I used the s.21 notice available from the Landlord Zone;

Date of expiry of this notice (see below)
April 23rd 2010
• On or after the end of a fixed-term assured shorthold tenancy a court must make an order for possession if the landlord has given notice in writing under the shorthold ground (Section 21).
• The landlord does not need to give any reason for requiring possession.
• Where there are joint landlords, at least one of them or their agent must serve the notice.
• Where there are joint tenants, it is preferable that each tenant be served notice.
• The notice should be served in person or through the letter box or by first class post – keep a copy and record the date and time, who served the notice (any witness), and proof of postage.
• Fixed-term (S21(1)b) The length of the notice must be at least two months, and the notice must be served before or on the day on which the fixed-term comes to an end.
• Periodic Tenancy (S21(4)a) (i.e. where the tenant has stayed-on after the expiry of the fixed term) a notice can be served after the fixed-term has ended specifying a date after which possession is required being the last day of a period of the tenancy (usually the day before a rent payment day) and not earlier than two months after the date the notice was given.
• Periodic Tenants – the landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after the expiration of 2 months from the service upon you of this notice.
• If you as tenant do not know your rights after you have been served a notice requiring possession see a solicitor, the Citizen’s Advice Bureau or your local authority rent officer.

jeffrey
11-02-2010, 12:12 PM
Notice on 5 February (after term expiry) is under s.21(4)(a) as you say. The Notice period runs:
a. for two months; and
b. onwards, to/inc. end of next SPT month.

Yours therefore runs for two months [= 4 April] then onwards to/inc. 23 April. As long as you deleted the s.21(1)(b) bits, it seems OK.

stephenenglish
11-02-2010, 12:18 PM
Does the royal mail website show the s21 as delivered?

Was your agent let-only or do they manage the property for you? If the former - no need to notify, if the latter - why are you serving the s21?

Jeffreys points will all need answering before useful advice can be given.

Does the royal mail website show the s21 as delivered?
Yes the actual tenants signature is shown on the Royal Mail track and trace website as receiving the letter (s.21) today 11th February 2010.

Was your agent let-only or do they manage the property for you? If the former - no need to notify, if the latter
I asked the agent to find someone to rent the property, they advertised and found the tenant, and I paid them a finder’s fee. The agent dealt with the drawing up and signing of the agreements, agent took the deposit that they hold in a TDS.
I manage everything else with the property.
So I’m still not sure what I should do?

Why are you serving the s21?
Tenant started by paying his rent a little later each month and only paid if I contacted him requesting payment virtually everyday. Refuses to pay telephone and Internet utility bills as originally agreed despite repeated promise every week. Always has an excuse; It’s the banks fault, not been paid this week …

Snorkerz
11-02-2010, 13:42 PM
Yes the actual tenants signature is shown on the Royal Mail track and trace website as receiving the letter (s.21) today 11th February 2010.Great, then you have the proof of service required by the courts - no need to do enything else


I asked the agent to find someone to rent the property, they advertised and found the tenant, and I paid them a finder’s fee. The agent dealt with the drawing up and signing of the agreements, agent took the deposit that they hold in a TDS.
I manage everything else with the property.
So I’m still not sure what I should do?No need to notify them in law - wouldn't harm as a courtesy though.


Why are you serving the s21?Sorry - I didn't make myself clear, my question was why were YOU serving it, not your agent. Obviously because your agent isn't engaged to manage the property for you.