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Kelstar
30-03-2010, 17:41 PM
can someone tells me what she has to do with it?

I'm sorry if that sounds like a stupid question but I didn't even know what it was or what I had to do with it until I was on here just the other day.

I'm assuming she has to sign and date it and keep it for her own reference but if I'm wrong can someone please update me.

Thanks,
Kelly

mind the gap
30-03-2010, 17:46 PM
can someone tells me what she has to do with it?

I'm sorry if that sounds like a stupid question but I didn't even know what it was or what I had to do with it until I was on here just the other day.

I'm assuming she has to sign and date it and keep it for her own reference but if I'm wrong can someone please update me.

Thanks,
Kelly
Yes, ideally she should sign to acknowledge receipt of it and return that part of the information sheet to you. It speeds the process up if you provide Ts with a s.a.e. for the purpose.

Kelstar
30-03-2010, 17:56 PM
Yes, ideally she should sign to acknowledge receipt of it and return that part of the information sheet to you. It speeds the process up if you provide Ts with a s.a.e. for the purpose.

Thanks mind the gap. I will let her know tomorrow that is what she needs to do. I can collect it from her when I see her next.

I don't know if you remember me from the other day but I have now sent the S21 today and informed her that it's on it's way. She was fine with it and told me that she had so many points with the council that all she needed was for me to send this!

Is there anything else I need to be aware of or have I now covered all the bases regarding this?

Thanks again.

mind the gap
30-03-2010, 18:01 PM
Yes, I remember! I assume you mean this thread:http://www.landlordzone.co.uk/forums/showthread.php?t=27195&page=2

As log as you have done everything tom99 suggested, you should be fine.

Sit back and wait for the notice to expire, and keep in contact with her so you can gauge her intentions.

If she fails to move out, come back and ask for help if you need it!

Good luck.

Kelstar
30-03-2010, 18:05 PM
Yes, I remember! I assume you mean this thread:http://www.landlordzone.co.uk/forums/showthread.php?t=27195&page=2

As log as you have done everything tom99 suggested, you should be fine.

Sit back and wait for the notice to expire, and keep in contact with her so you can gauge her intentions.

If she fails to move out, come back and ask for help if you need it!

Good luck.

Thanks for that! Yes, I did what was advised but just wanted to make sure nothing else had been missed.

I will definitely be on here if I need any more help, this is a great site and I wish I had found it sooner!

mjbfire
30-03-2010, 18:10 PM
Be carefull, it sounds like they are trying to make themselves homeless, to get council house, which means you may need to go to court and instruct ballifs to evict them which will cost you money, before they get a house.

If there any hint of collusion on you and the T part, the council may turn them down and having nowhere to live turn the fight on you. So how ever nice they are now, make sure all your paper work is upto date, correct and any outstanding issues are sorted, and don't take anything for granted.

Kelstar
30-03-2010, 18:16 PM
Be carefull, it sounds like they are trying to make themselves homeless, to get council house, which means you may need to go to court and instruct ballifs to evict them which will cost you money, before they get a house.

If there any hint of collusion on you and the T part, the council may turn them down and having nowhere to live turn the fight on you. So how ever nice they are now, make sure all your paper work is upto date, correct and any outstanding issues are sorted, and don't take anything for granted.

Thanks for your message!

I am aware that if she doesn't leave then we will have to go down the court route but gauging the conversation I had with her today, she is very happy to leave.

There is definitely no collusion on our part, we want her gone as we just have some differences. She is always complaining about anything and everything and the latest is that she can't afford to live there because it's on prepayment meters.

I'm hoping that it will all go very smoothly but do understand not to take anything for granted as I know these things can turn round and bite you on the bum!

Kelstar
30-03-2010, 18:32 PM
Can I just ask one more question.....

My T has just been informed that she has to sign it and return to me but I don't want to find out that I'm going to be penalised for sending it until now.

The deposit is with the DPS.

Any advice?

Thanks.

mind the gap
30-03-2010, 18:49 PM
Can I just ask one more question.....

My T has just been informed that she has to sign it and return to me but I don't want to find out that I'm going to be penalised for sending it until now.

The deposit is with the DPS.

Any advice?

Thanks.

Although there is a theoretical risk that T could sue for being supplied late with the prescribed information (I seem to recall it hinges on the wording of the legislation, which is open to interpretation), I think the chances of that happening are remote. Since there is nothing you could do about it anyway, there is no point fretting.

Having said that I think that a recent court case established that LL will not be penalised for late protection, and I imagine that includes the late supply of prescribed info. Does anyone know?

Kelstar
30-03-2010, 18:52 PM
Although there is a theoretical risk that T could sue for being supplied late with the prescribed information, I think the chances of that happening are remote. Since there is nothing you could do about it anyway, there is no point fretting.

Ok thanks again mind the gap.

Fingers crossed she doesn't get wise to it or informed by someone 'in the know' about it then!

Fretting over with :)

mjbfire
30-03-2010, 19:41 PM
My point was, I believe that unless she is evicted by a court the council may not re-house her, so get ready for court case as that I believe that the only way they will get a council house. Of course differant councils have differant policies.

Please let us know what happens and good luck

mind the gap
30-03-2010, 19:45 PM
My point was, I believe that unless she is evicted by a court the council may not re-house her, so get ready for court case as that I believe that the only way they will get a council house. Of course differant councils have differant policies.



The impression I have received on this forum is that as long as T has been served a s21 notice it is not usually necessary for the bailiffs to remove her physically from the property before a council will grant a house.

Mrs Mug
30-03-2010, 19:49 PM
The impression I have received on this forum is that as long as T has been served a s21 notice it is not usually necessary for the bailiffs to remove her physically from the property before a council will grant a house.

I think that might depend on the council in question, and how much housing stock they have available. The tenant might want a council house, but she could end up in temporary accommodation.

mind the gap
30-03-2010, 19:54 PM
I think that might depend on the council in question, and how much housing stock they have available. The tenant might want a council house, but she could end up in temporary accommodation.
I agree, but I cannot think that T's hanging on in there until the bitter end and having to be removed by bailiffs will make the council any more likely to give her a house. They just need to be satisfied that T has not made herself 'voluntarily homeless'. I suppose different councils may well interpret this differently!

mjbfire
30-03-2010, 20:27 PM
Yes I agree with Mind, that it's unlikely to get to the ballif stage but possible, but more likely they will have to show they have not made themselves 'voluntarily homeless'. which for the T could mean going to court and the court could take the view the s21 is invalid, whether the T want it to be or not and they can't agrue as could be seen as making themselves 'voluntarily homeless'. Because a s21 doesn't end a tennancy only a T or a Court can do that.

So don't take anything for granted, all they want is a council house, if they just wanted to move, they could give notice, or you could agree a surrender.
If they don't get a council house, they will try other methods or hold out as long as possible rather than go into temporary accommodation, and once they got a council house, they could want all their deposit regardless of rent arrears and damage and don't forget they have already shown that they play the system.

Again what I am trying to say is just because you have a good relationship now, still do things by the book, no exceptions(Deposits, Gas checks, repairs, no extentions etc) and get professional help if you not sure.

Kelstar
31-03-2010, 08:16 AM
Thank you for the further replies to this thread.

I will be back on here should I need any more help or advice.

Fingers crossed, I have dotted all the i's and crossed the t's and it will go without a bang!

Thanks again.