s21(4)(a) notice

[kennyg]

Hi . First post on here. Wish I'd known about it long before now..

I have a tenant on what is now a periodic tenancy.
He owes many months rent.

I've already served him a s21(4)(a) notice but did not act when it expired over 2 months later - stupidly believing his ramblings ( in numerous letters ) about how he was due some accident insurance money imminently and would pay the rent arrears with it. Needless to say no money has arrived.
I've been far too nice to this chap - a lesson learnt.

So , my question is - is the notice still valid even though I didn't act at the time. If so , how long is the notice valid for..

Also , If I go down the accelerated possession route - can he have any defence ? I suspect he may have a few health problems.

Many thanks in advance

[dazalock]

This sounds like the subject of a very long but informative thread about the legality of a section 21 notice, http://www.landlordzone.co.uk/forums/showthread.php?t=278

IMHO it seems to be valid as the notice would state he is to leave AFTER said date but not actual date of leaving specified. I dont see why any health concerns are concerns of yours.

I await to be corrected. :rolleyes:

[MrWoof]

You don't say how long ago you served the S21, read dazalock's link thoroughly, if you have any doubts, serve a new S21 and make absolutely sure that it is filled in correctly. If the tenant refuses to leave, get the accellerated possession forms from your local county court and let the court serve them. It will only go in front of a judge if the tenant enters an objection but the judge's hands are tied, possession must be given, an S21 is not discretionary.

[justaboutsane]

Why recommend a s21, if the tenant has arrears of more than 8 weeks/2 months then a section 8 is far quicker, you only have to give 2 weeks notice on s8 instead of 2 months on s21. Once s8 has expired apply for accelerated proceedings. Rent arrears has no defence and certain grounds are mandatory. Job done!

[dazalock]

If he has served a S21 over 2 months ago and the Tenancy is periodic, he can act on it now and does not have to wait a further 2 weeks.

[kennyg]

Thanks for the help and dazalock - the link. Very useful

Original s21 expired in Feb so I'll try the accelerated route now using the existing notice.

Thought I couldn't do a s8 as it was already a periodic when I issued the notice - so it had to be a s21(4)(a)

cheers