Single room letting in HMO; can L still use s.21 notice?

[philip benham]

I intend to issue a section 21 notice to a tenant who rents a room in an HMO that I own. He has rented the room for six years. His AST expired some time ago (more than a year) but I do not have a copy of the contract, so I don't know the exact date of expiry.

1, Is the usual sec. 21 notice for houses applicable in the case of a single room in an HMO or do I need a more specific form?

2, Do I issue any other forms relating to this notice? I have read that the RLA also recommend that a section 21b. should be served the day the tenancy commences, which I did not do.

3, Could the notice fail given that I don't know expiry date of his AST?

thanks, Philip.

[Editor]

If the tenant has been in for 6 years and the original AST expired, the agreement still applies but the tenancy is now periodic.
Therefore you would need to serve a Section 21(4)a - see our agreements section. http://www.landlordzone.co.uk/agreements.htm
You must give 2 months notice ending the last day of a rent period - the day before the rent payment day usually.
You need to gather as much evidence as you can as to when the tenancy strated - Council Tax Payments, Rent Payments, DSS? if you intend to start possion proceedings.

[red40]

I noted that you said a single room in a HMO, can you clarify that the property falls outside the conditions of mandatory licensing.

Its just that if it is a licensable property and you dont have a licence you would be unable to issue a section 21(1)(b) or (4)(a) notice.

[philip benham]

thanks for the replies. I wonder if it is crucial to give notice ending the last day of a rent period, I can't remember if the tenant's rent was due on fridays or saturdays. Perhaps if I gave 10 weeks notice then I would be within the law?
thanks for the reminder about the house requiring a license, it does and I haven't got one. At the moment five tenants, one has given me notice that he will leave at months end, then I will stay at four tenants. so best I wait until he goes then issue notice.
phil.

[red40]

thanks for the reminder about the house requiring a license, it does and I haven't got one. phil.

So you know you are breaking the law then, you can always get a temporary exemption notice while you reduce the numbers.

The penalties for operating an unlicensed HMO are hard hitting you know?