Have served section 21 with date in August for tenant to leave.
Tenent refuses any communication with us and refuses to allow access for an inspection, any ideas on where we go from here?
Hi there i am sorry to be the bearer of bad news but under the new covid 19 legislation you are not allowed to serve any tenants with a section 21 until august the 25 at the earliest, only after this date, unless extended, can you tjen serve a section 21.
Thank you it has been served after 3 months arrears of rent arrears date end of August for tenant to vacate property
It’s so frustrating when its our house and our tenent just sits there and we are powerless the law is indeed an ass!
Claire24 - is that correct? I thought you could server a S21 but court action for eviction has been put on hold until 23rd August.
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As far as I am aware a Section 21 can be served but need to give three months notice instead of two. Courts not open until 23rd August.
Section 21 can be served and needs 3 months notice if it is within the AST contract period. If it is rolling monthly contract then it is still 2 months. Eviction had been placed on hold for the time being until some time in August.
So there will be a significant back log of eviction from bailiff. So realistically you will be looking at a 9 month process to evict someone under the current environment as opposed to the usual 6 months.
Tenant cannot refuse access for inspection with the requisite notice in accordance with, the usual, tenancy agreement clauses.
I would hand deliver said notice and turn up on the due date, keys in hand, in case they refuse entry. You may then have the opportunity to have a conversation face to face to sort the dispute, unless he is a chancer or aggressive. Been there, done it, and had the aggressive monster on the doorstep, for whom I called the police in. Take a witness, record / video any conversation, if it’s likely to be contentious.
Sad isn’t it, that we have to resort to such measures!
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Hi thanks for all your advice the tenant has now agreed that we can inspect our property but says she want an advocate present, does any one think I should take someone with me
, or am I best on my own?
Section 21 has been served for non payment of rent we await a court date in August, what a nightmare, we are experienced landlords with a good reputation with our tenants, but we got caught on this one, and we did our due diligence tests.
Is it worth small claims if judge doesnt make a financial decision?
Of course she may leave by then let’s hope!!
Take someone with you
Hi
This whole situation is a nightmare at the moment we have got someone who has not paid any rent since Nov served section 21 and also section 8 still waiting on courts to give the go ahead for him to move in the mean time I get abusive messages he then changes phones and I get more abuse reported to police for harassment sent off to courts log number and the fact still not paid any rent but still waiting. I do not understand the Law at times and these tenants believe there own lies and think they should be allowed to live rent free in your house.any advice would be welcome
The court will not make any judgment on the monies owed against a section 21, it’s simply an award for possession. You should have gone for a section 8 in that case, as it serves both purposes, possession and financial compensation. The reason landlords don’t like section 8, it’s no guarantee of possession, the tenant only needs to pay off enough to keep the debt below 2 months rent and the case will be set aside.
Good luck.
I always go for a CCJ if the sum is substantial enough. Use ‘Money Claim on Line’, cheaper and quick. But speak to the tenant first, they may pay up under threat of one. Of course you will claim back the deposit from DPS or whoever you use, without fear of failure, if it’s for unpaid rent.
Sadly you can get these types from time to time, however much you check them out. Some are like bad drivers, they grow horns once they’ve taken possession.
Continue with Your section 8 to get possession and your debt registered / paid.
Then mark it down to doing this type of business. Try not to let it make you despondent, then move on -next!
Hi Richard.
Do you know for sure that a Section 21 is still two months on a rolling contract?
I’m not an expert just thought it was three but would be helpful to know.
Thank you
Yes for sure. I inquired citizen advice bureau and they gave me a link to government website which clearly states it.
Thank you that’s really helpful.
Do you or anyone else know if it’s better to send a section 21 or Section 8 if there are grounds that apply within the Section 8?
I believe Section 8 is now three months but Section 21 on a periodic tenancy is two so if serving both at once it seems a bit contradictory.
Also, someone said on here that despite what everywhere says about serving both together, you shouldn’t do, as a savvy tenant can play the system and can imagine that could be the case. When do you make up your mind? Is it after the Section 21 has passed and they still haven’t left?
Just read the Coronavirus Bill June 2020 it states three months notice if notice given after 26th March 2020.
Two months if before this date.
Hi Mr T,
Have a read of my post #10.
There is always a risk to Section 8 if the tenant pays back some of their debt to reduce it below the minimum 2 months rent threshold that the courts insist upon, then the court will dismiss your claim, and you would have to start all over again if the tenant lapses later.
Remember the 2 months debt period commences on the rent due date not the actual 2 month duration. So they only need to owe 1 month and 1 day, i.e. they miss the next due advance rent payment, for you to be able to issue a section 8. Of course there may be other costs associated with damage / dilapidations which the tenant is liable for, that are not covered by the bond / deposit.
If you prefer more certainty, go for a section 21, as long as we still can! Then issue a CCJ for the debt owed. Use ‘Money Claim on Line’, it’s fast and efficient, and slightly cheaper than a direct court claim.
Remember, at the end of the day, if the tenant has no money or assets, and you don’t know their bank account details, including whether there is any money in their account, you may not get a bean, and lose your court costs as well on top of the debt amount.
Some landlords believe it’s not worth the effort or the costs, throwing good money after bad. It depends on your confidence to get something back or not, and then there is the retribution aspect of sticking them with a CCJ to cripple their credit options and new tenancy applications, which also lets other landlords know they are a poor risk. I’ve had errant tenant debtors pay me back years later, when they realise they cannot live with a CCJ, few and far between though! I have had good results chasing guarantors but very limited success getting money out of tenants, and one very successful claim against an agent.
I always succeed with S21 possession orders for eviction, but you may still need the baliffs to effect the eviction, if they refuse to vacate on the due date, unless you are out of the country and can avoid the service of an illegal eviction warrant then, as a solicitor and a court official once told me, kick them out!
Good luck.
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The retribution angle is always a good one, revenge is sweet.
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Hi Chris.
Thank you. I have just reread your previous post and did look at the first reading at your mention of money claim online which was interesting.
Do you know if s S21 is still two months notice on a periodic tenancy ?
Richard on here sounded confident that it was 2 months as advised by the CAB but when I read the Coronavirus Bill it said 3 months - as far as I understood it anyway. Just wouldn’t want to make a mistake.
Ours aren’t behind with the rent but have caused quite substantial damage.
So far we have just sucked up the damages, but it’s too much this time.
Want the property back under a mandatory ground under Section 8. (As well as the discretionary grounds of Breach of Tenancy. )
She is causing as many arguments as possible so I am not sure they will go on time.
Well done for getting back what you did. Really not easy in this day and age.
With s S21 is that usually granted straight away or can they contest it? Thanks again.