Landlord Seeking Possession & Section 21's - Can You Serve One?

[@wookiewookie7377]

I would like to point that while assured shorthold tenancies are widely considered to be dressed up licenses without substantial rights for tenants, there is a lot of pressure on landlords getting notices served correctly, whether that be providing necessary documents or keeping up with statutory obligations. As far as I'm concerned the brief period between an incorrect serving of a notice or indeed a correct a notice is an invitation by the landlord for the tenant to make amends.

[@Eire4life]

Best information for tenants

[@tunstuns9580]

lived in my flat for two years and no problem whatsoever, Rent paid on time, well through direct debit and no default whatsoever. My landlord asked me whats the plan for the upcoming year. i replied we hace just made a reservation for our shared ownership and we are in the process of buying it but the completion date is end of november meaning we are staying one month extra even though current contract expires at the end of october. Surprising i have just received a section 21 notice from the landlord but we are leaving anyway stating i must leave at the end of october. Any advice on what i can do, im only staying one extra and still paying my rent?

[@janetcarpenter2875]

How is the 2 months s.21 notice Calculated? from the date the tenant's rent is due OR from any date?

[@everlast3729]

Slim chance to get it back if tenants states that the signature on the gas cert is fake. You'll need witnesses to prove otherwise. This makes it impossible to proceed.

[@vickitoriana3454]

I'd love to create a public blacklist for landlords. Currently bring evicted under sec21... landlords choice, I have no arrears and consider myself as a good tenant... so did he until recently. I've lived here 13 years. His son sexually propersitioned me and stalked the house. The landlord has repeatedly insulted me in recent years. Then, when I refused to pay for a plumbing repair he started a retaliatiory eviction. I've lived with mold, a leaky roof and drafty external doors. The only reason I haven't moved is I'm an unpaid carer and most landlords discriminate against tenants on benefit, regardless of the reason and despite it breaking the equality act. For every dreadful tenant there's plenty of dreadful landlords. Tenants never have a clue who they are renting from and there's no way of checking.

[@paull123]

We have served a section 21 notice where they have to move out in 1 weeks time. Now they are saying that there are repairs that need doing and got the local council involved. We have heard none of this before, does section 21 still apply ? No improvement notice has been sent by the council. We are going down today to see what they are. Are they playing for time ?

[@tonymedley2270]

does a notice require a signature

[@gregk7206]

What if the tenant pays off enough between the date of serving the notice and the court hearing so that the arreas are less than two months, is the section still valid ?

[@fery2531]

Yes, although the Notice is still valid but you can only relay on discretionary grounds and not of mandatory ones. For example, you can tell the honourable judge that this tenant has been persistently behind. But you will rarely get a possession order under those grounds. See Part II of Sch. 2 to the Housing Act 1988.

[@5888max]

A section 21 is absolute if it is served correctly the court have no discretion and must award possession to the owner - the Government are shamefully proposing to alter this but today ( 21/0/19) that is still the case and will be for all existing tenancy's - Removal of tenant over Arrears is a section 8 and the court might not grant possession if the tenant has paid some arrears off

[@gasman1782]

Thanks for the great info, I gave my tenant a section 21 on the 1st sept to expire on the 17th November... However, the tenant in now 5 days late for rent, I have sent letters but no contact, how would you attack this? Do I wait until the tenant leaves then apply to recover the debt? Thanks

[@fery2531]

Continue with your accelerated possession clail. Once you have got your possession, then issue a county court claim (small claims court) for the rent owed to you. The tenant is not going to defend it obviously. Once you secure judgement on the debt, then apply for an attachment order for the money owed to you to be deducted for their wages by the employers to pay you.

[@alexcoombes1566]

You seem proud to be making people homeless

[@fery2531]

Wrong. It is the tenants who make themselves homeless. You go to a restaurant for a meal, you pay your bill. You get on a taxi, you pay for your journey. How come when you rent a house you fail to honour your contract. Keep the property tidy and pay your rent on time and I am obliged to provide decent housing. Fail to do those and I will not hesitate to through you out on the street. Now you tell me who is making you homeless. The landlord or yourself?

[@alexcoombes1566]

@@fery2531 You are

[@KaranSingh-oe3gz]

@@alexcoombes1566 ur a muppet, nothing comes free in life. If you've used it u need to pay

[@flickiow24]

@@ivyrose1831 go you.. Too long everything has been in favour of the landlords and agents. Currently going through an issue myself having been served a section 21 on the day of a property inspection when I had dared complained about the poor conditions and maintenance requests than have been ignored.

[@thomasbriscoe7439]

Its a great way to get rid of the smackhead who attacked me with a hammer but gets special dispensation legally as hes been in and out of jail since he was 15.