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  1. #1
    Join Date
    Nov 2007
    Posts
    654

    Default What to do after Serving Section 21 Notice

    I served a section 21 notice on my tenant 21st of december, requiring possesion after 25th of feburary.

    The tenant is in areas of over 2000. Since I have served the notice the tenant is blanking me, not answering the phone, Not opening the door, even though I'm certain the tenant is at home. So what can I do while I wait for the notice to expire? Do I need to prove to court that I have made an effort to recover the rent.

    I am thinking of sending the tentant a letter and a statement of rent. this is what i'm thinking of sending, is the wording right?

    I would like to remind you that you are still in rent areas of £XXXX. In our conversation on __ _ November_ _, you agreed to clear all your rent areas for your tenancy of the house addressed above by the middle of December, but you have failed to do so.

    This is my final notice for you to pay all the rent due within 14 days of the date of this notice. I have attached a statement of rent for the last 2 years.

    Failure to comply would have serious consequences as I would be obliged to pursue my rights in law which means a money claim for the rent due and eviction proceedings.

    Response to this notice must be in writing to
    My address

  2. #2
    Join Date
    Jan 2005
    Posts
    5,103

    Default

    Well, yes, you need to send something along those lines but bear in mind that for the reposession route your following - section 21 - it doesn't matter that the tenant has arrears; it simply isn't relevant.

    The corollary of that of course is that you need instigate some other proceedings to chase your arrears - ie, instigate a small claim, reposess by Section 8 instead (which allows for a money claim to be included), or use a debt collector). For that, yes you should prove you've made all efforts to recover the rent and be reasonable about it (good idea to document verbal stuff in letters, as you've done).

    The final communication should be a "Letter Before Action" which clearly states that unless the arrears are paid by X, you will be submitting a claim in the County Court on X+1 date or whatever.

    See also the advice in the adjacent thread "S21 notice served...when to serve s8".
    Last edited by Ericthelobster; 17-01-2008 at 08:01 AM. Reason: added a bit

  3. #3
    Join Date
    Nov 2007
    Posts
    654

    Default

    So if i'm going for possesion with a section 21 and fixed date hearing, would that not include the jugde ordering a judgement on the rent areas too?
    I'm unable to go section 8 route as my paperwork is a bit incomplete. There is no tenancy agreement.

    Please advice, I'm confussed now. I thought a court hearing would deal with both the rent areas and the possesion.

  4. #4
    Join Date
    Sep 2006
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    Here & There
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    Default

    only with a section 8.

    You could go though small claims later for arrears

  5. #5
    Join Date
    Nov 2007
    Posts
    654

    Default

    Ok I get it now.

    So what do i have to do about the possesion claim? do I just wait till the expiry of the notice and file the claim in court. or do i need to do something else.

  6. #6
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    6,126

    Default

    Err....you say there is no tenancy agreement so when did the tenancy actually start? - this is important as you will need proof in order for your S.21 Notice to be effective. I think you might be better to go the S.8 Grounds 8,10 & 11 as this does not rely upon the date at the end of a rental period as does a S.21. No tenancy agreement means you have a periodic assured shorthold tenancy from the start, and determined by the frequency rent is paid i.e. probably monthly, yes? If you reply I might take a day or two before I can look at it.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  7. #7
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by SALL View Post
    My paperwork is a bit incomplete. There is no tenancy agreement.
    Yes, there is. True, the Agreement is oral, but it exists nevertheless.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  8. #8
    Join Date
    Nov 2007
    Posts
    654

    Default

    Ok I'm really confussed now.

    Can I go section 8 route if There is no tenancy agreement? I was told by a lawyer that my only option is section 21.

    The rent payments are very inconsistant from the start, so its hard to prove a fixed rent date. But I was verbaly told
    its 26th of each month.

    So the notice I served is to expire on 25th feburary.




    This is how all this started, The property was let through an agent. then later tenant started paying directly into my account.
    she has been late in payment from the start, but now she isn't paying anything.

    I asked the tenant that if the agent gave her an agreement, but she said there never was an agreement.

    So where do I stand now? I thought with a section 21 I would get possesion as I have given her the right notice.
    I'm more concerned about the Possesion then the rent arrears.

  9. #9
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

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    (Sigh) Yes, s.8 applies to any AST even if unwritten.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  10. #10
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default

    Quote Originally Posted by SALL View Post
    ... The property was let through an agent. then later tenant started paying directly into my account.
    she has been late in payment from the start, but now she isn't paying anything.

    I asked the tenant that if the agent gave her an agreement, but she said there never was an agreement.

    So where do I stand now? I thought with a section 21 I would get possesion as I have given her the right notice.
    I'm more concerned about the Possesion then the rent arrears.
    I find it really hard to believe that there WASN'T a written agreement, is there any way you can speak to the agent that it was let through in the first place? Just because the tenant doesn't have copy (or isn't willing to let you see it) then that does not mean there isn't a written agreement.

    Can we have some more details, there might be something about your case that you haven't told us that has a significant effect.

    When the tenancy started, did you own the property?
    What date (roughly, if you don't know exactly) did the tenancy start?
    If it was a different date, what date did the tenant move in?
    Did you take a deposit from the tenant at the start, or if you bought the property, was that taken into account

    If you did not own the property but bought it with the tenant in situ, you might find that the solicitor who handled the purchase got hold of a copy of the tenancy agreement from the previous landlord, hence the question.

    The tenancy start date is significant, in case there's also an issue with the deposit, in case it's less than 6 months since it started, or in case it's more than 7 years since the tenancy started.

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