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Mar, 2017

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Thread: Eviction Advice

  1. #1
    Join Date
    Apr 2010
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    Default Eviction Advice

    My tenant moved in February 2015 so no need for EPC to be supplied to him etc. His deposit is protected and he has a valid gas cert. Tenant pays weekly as he said he couldnt afford monthly, he is contracted to monthly but pays weekly. . He is now 3 weeks in arrears and ignoring me and he has hald a HB payment but decided to kept it. What section section 21 form do I need to serve ?

    Tenancy date starts 24th so ends 23rd. I assume my tenancy has gone onto a statutory not contractual. So I could serve section 21 (1) but to be safe if I serve section 21 (4) tomorrow am I right in saying this is valid from 24 th May 2017 ?

  2. #2
    Join Date
    Nov 2016
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    1,023

    Default

    You can serve 2 months notice if they are now on a periodic tenancy. It does not need to fall in line with rental period but you do need to allow a couple of days for delivery.

    Most people advise sending two copies from different post offices with proof of postage

  3. #3
    Join Date
    Jan 2011
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    Default

    If you are going to serve notice make sure you get it sent in tomorrows post at the latest. First class stamp and free cert of posting.

  4. #4
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    Quote Originally Posted by Claymore View Post
    If you are going to serve notice make sure you get it sent in tomorrows post at the latest. First class stamp and free cert of posting.
    Is is not 2 months from date of issue ? For e.g if I issue it on 27th March that will go to 27 th May

  5. #5
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    Default

    It is two Months from being served. so allow two days for the post to arrive.

  6. #6
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    Default

    Quote Originally Posted by philip cooper View Post
    Is is not 2 months from date of issue ? For e.g if I issue it on 27th March that will go to 27 th May
    From what I've read recently, because your tenant moved in before 1st October 2015, you have to give the full 2 months notice and make sure you get the notice is served prior to rent due date. If tenancy agreement states monthly 25th, you need to serve by first class post today or in person with an independant witness.

  7. #7
    Join Date
    Jul 2016
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    769

    Default

    Quote Originally Posted by Claymore
    and make sure you get the notice is served prior to rent due date
    (Assuming you meant that notice have to end on the last or first day of a period.)

    Not if the tenancy started with a fixed term. See Spencer v Taylor.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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