View Full Version : s21 - can't find answer

jim hare
06-06-2005, 17:10 PM
I have searched the existing threads but cannot find an answer to my problem.My tenant is on an AST (fixed term ended April 2004).I want the property back asap as the tenant has moved in her violent boyfriend who has brought his rottweiler with him.I know the boyfriend is violent because he has attacked me.I issued a S21 to expire after 6/2/2005 and another to expire after 26/6/2005 (I thought the first one might have expired - wrongly from reading this site).This boyfriend is causing difficulties as the tenant has reported the hot water isn't working and insists that her boyfriend stays there whilst I look at it.I have refused to attend whilst her boyfriend is there and she now says she will find someone to look at it.I suspect this will be someone totally unqualified who is likely to do more damage than good and might leave the heating system in a dangerous condition.What are my options on this?Also I would like to use the original s21 notice as I don't feel I can afford to wait the extra 3 weeks.Any advice would be welcomed.

06-06-2005, 17:17 PM
Two choices regarding the hot water - either get a professional to look at it which means you won't have to confront the boyfriend, or string the job out one way or the other for a few weeks during which they will probably complain to the Environmental Health department of the local council - whereupon you claim that you have been unable to get access. The tenants might claim some rent off you - but if you are already losing it, you would offset their claim against your own.

As to possession of the property - complete the acellerated possession claim form ready to hand in the day after the notice under S21 expires - it will cost you £150 in fees and a further £90 for the bailiff if needed.

jim hare
06-06-2005, 17:58 PM
davidjohnbutton - Thanks very much.Is the lack of hot water an issue for Environmental Health?Can I use the first s21 and save 3 weeks?I would appreciate your expertise on this.

06-06-2005, 19:11 PM
Yes, your repairing obligations do include provision for heating hot water which can be satisfied by a simple immersion heater.

As to the earlier S21 notice - if indeed it was in order, yes, you could use that instead of the later one - but make sure it was correctly dated and served because the tenants might throw the later one up as the ONLY one they have ever received.

jim hare
06-06-2005, 19:58 PM
davidjohnbutton - Thanks again for your speedy replies

I have spoken to my tenant again who says she will deny she signed the tenancy agreement (her new boyfriend seems to be a bad influence on her).Does this mean there will have to be a hearing?(definitely last question).

06-06-2005, 21:06 PM
When the possession notice goes to the tenant after you have issued it, the tenant, or you for that matter, has 14 days to request a hearing.

So if the tenant denies signing the agreement, yes, a hearing could be requested to sort that out.

jim hare
06-06-2005, 21:22 PM
davidjohnbutton - Once again thanks for all your help.