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hughesk
30-09-2011, 10:42 AM
Please help. I have become ill and can no longer cope with the hassle of renting my property. The house I am renting out is on an AST fixed contract for 6 months - the start date on the agreement is 30 May 2011. I need the current (troublesome) tennant to vacate as soon as possible as I want to sell the house. I have tried to contact the tennant numerous times, in writing, at the rented property and by phone and by text to no avail. I have been advised that I need to serve an ordinary (not periodic) Section 21 notice and I am seeking advice on what date I need to put on the notice as I understand it is very important to give this right.

I would also like advice please on what happens if he does not contact us (which is very likely) or if I am unable to find him (again very likely) to physically serve the notice.

An early response would be very much appreciated as I would like to serve the notice this evening.

Many thanks in anticipation of your help.

Kathryn

Snorkerz
30-09-2011, 11:52 AM
Here is some basic advice to lead you through the process.
http://tenancyanswers.ucoz.com/index/ast_tenants_not_in_breach_of_contract/0-37

With a section 21(1)(b) notice - which is what you need so long as you serve before 30/11 - you simply have to ensure that the tenant gets 2 months notice and that that date isn't before the end of the fixed term (29/11/11).

So, if you serve it by hand this evening (after 4:30), it will be clased as served on Monday 3rd October. Therefore, you can have an expiry date on the s21 of 4th December 2011. You do not need to serve it on the person, just at the address. If you do so by hand, have a witness to prove it.

If tenant decides to exercise their right to stay put (the s21 isn't a notice to quit) then you may have to wait until February/March before the bailiffs evict them.

There is a template for an s21(1)(b) here: http://www.letlink.co.uk/GeneralInfo/General_possession/S21_1_B.pdf

You can not serve a valid s21 notice if any deposit paid since 6/4/2007 has not been protected in a government approved scheme - AND - the schemes 'prescribed information' given to the tenant.

jta
30-09-2011, 11:56 AM
A six month fixed term would run from 30th May to 29th November, so you would need to give a minimum of 2 months notice from the day it is served. This will take you past the end of the fixed term unless you are serving it today before 4.30.

If possible have a witness to your serving the notice, you can post it through the door or hand it to the tenant. Or you can simply post it first class and add a couple of days for service.

Because it's in the fixed term it simply has to give a minimum notice of 2 months without reference to the start date.

Always express the date as 'after dd-mm-yyyy'.The after is important.

The S21 will only be valid if the deposit is protected and the prescribed information has been given to the tenant.

jta
30-09-2011, 12:01 PM
the end of the fixed term (20/11/11).



Is it me or you that's miscalculated? :(nerd):

Snorkerz
30-09-2011, 12:03 PM
Is it me or you that's miscalculated? :(nerd):It's either miscalculated or mis typed - I'll go and edit.

tacpot
30-09-2011, 13:28 PM
Hi Kathryn

Sorry to hear about your illness. Are you using an agent to help manage the property at all? If not, could off loading the trouble onto an agent be worth your while?

Good luck with your repossession and sale.

hughesk
30-09-2011, 13:46 PM
Many thanks for your prompt and very helpful responses.

To clarify, does this mean I will need to serve the notice by hand (with a witness) before 4.30 today or is it okay to do it after 4.30 with an expiry date of 4 December as suggested above. Also, is it acceptable to post by hand at the property today and send copies to the addresses supplied on the ATS form?

Thanks again.
Kathryn

jta
30-09-2011, 13:51 PM
Both would be acceptable. If you post it through his door before 4.30 try to get a timed and dated photo of you doing so, and have a witness with you.

Snorkerz
30-09-2011, 13:52 PM
Yes, you can either serve by 4:30 with an expiry date of 3rd December, or after 4:30 with an expiry date of the 4th.

The problem with s21 expiry dates is really when they are served after the fixed term is ended - the date is critical then.

Can I clarify - what is an ATS form?

The documents should be served at the address for service of documents as shown on the tenancy agreement - it would usually be the rental address.

hughesk
30-09-2011, 14:25 PM
Many thanks again for your prompt responses. It is AST which is Assured Shorthold Tenancy.