Tenant has been there over 6 years, rent has never been made without reminder. AST contract became rolling a year ago. On the due day this month, he stated that only 60% was affordable, requested 60% for the next 3 months, and negotiated a new rent afterwards. There is no intention to move out. My plan is waving off 40% for this month, and serving notice to finish this rolling agreement. Here is the question: wht the next step if tenant refused to leave
If you have agreed to a rent reduction, you will not be able to use the section 8 notice under rent arrears grounds. Your options are probably a s21 notice, or negotiate an ex-gratia payment for ending the tenancy through a deed of surrender. If you can serve a valid s21 notice and the tenant didnât move out, you would need a court order and then later a warrant for bailiffs to attend. This is likely to take several months in most areas and the process is prone to errors, so I would suggest an eviction company.
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Donât agree the reduction. Maybe say you will let them pay 60% and be in arrears if they give 1 months notice right now.
And serve s21 now (needs at least 2 months notice) but get eviction specialist in first to check s21 valid (deposit needs to have been protected, valid eicr and gas certificate etc) or youâll waste lots of time. Donât wait till ânext.stepâ
Good luck
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Thanks David, ansolutely i cant accept 40% reduction. So the only option now is Section 21. When can I serve it? As soon as he rejects my offer as waving the remaining amount?
Thanks, looks like that is the only option
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Serve section 21 now but get it checked by someone who knows what is required. It needs to be perfect.
You really have made a rod for your own back by continually accepting late payment,
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You can serve s21 immediately as soon as you are ready and have checked itâs valid itâs nothing to do with any conversation you have with tenant in the meantime.
Good luck
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Just to clarify, you donât need a valid EICR to issue a section 21.
I agree but
âit is not currently a legal prerequisite for a valid Section 21 notice in the same way as gas/EPC certificates. However, missing an EICR exposes landlords to ÂŁ30,000 fines and potential retaliatory eviction defenses if the property is unsafe."
And why would you not have an eicr anyway. Apart from it being the right thing to do, at court if anything is disputed you want to be able to show as clearly as possible that you as LL have done everything by the book.
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Your post that I replied to said you need a valid EICR to get a successful section 21 possession, I was simply saying thatâs not the case as itâs not a required document for section 21 purposes.
I wasnât for one moment suggesting that any landlord should rent a property without a valid EICR, simply that if the landlord hasnât got one it wonât stop a section 21 from being valid and possession being granted in the same way not having a gas safety check or an EPC would.
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You can serve an S21 anytime you like giving 2 months notice. The sooner the better by the sounds of it.
Make sure all your documents are in order or the judge will throw it out and youâll lose the fee.
If he doesnât move on the due date youâll then need a Possession Order from the court (cost - ÂŁ404).
If he doesnât leave after that youâll need a warrant of Execution from the court (cost ÂŁ104) for physical eviction.
Costs can be requested in the judgement, which, I think, can be attached to the warrant for collection.
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Thanks, have started section 21
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Out of interest, if the tenant doesnât leave at the end of the Section 21 and you end up applying to the court (accelerated) for possession, do you send the judge all of the documents (gas safety etc) at the start or do you wait for that to be requested?
You have to compile all the documents and send them as a complete package to the court with your Possession Order application. If anything is missing it will be rejected and you lose your fee and time.
Three copies of; (or 2 copies if you do not require a copy returning to you stamped by the court.)
Completed & signed Court Forms
The served S21
Tenancy Agreement & Inventory.
Proof of service of DPS prescribed information, Right to Rent booklet, EPC, Gas Safety Certificate, EICR.
I donât believe the GSC & EICR are required but no harm in playing safe.
Tip for the future. List all the documents on your inventory, with a signature for each, as having been provided at check-in for the tenant to sign as acknowledgement, then you will never miss anything and have proof of service.
The Court sends one copy to the tenant and allows them 2 weeks to respond with a defence. If no defence is made you will then get a form to fill in and sign requesting the issue of the Possession Order.
If the tenant does not vacate on the due date notified by the court you are then at liberty to apply for the Warrant of Execution for the baliffs to evict the tenant.
If you are unsure of anything the court clerks are usually very helpful in advising you the requirements / procedure and will check through your documents for submission.
Courts even have visiting lawyers who will give free advice on the specific days they set up for such a service.
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Posted Section 21 notice to tenant by recorded delivery. However, the post can only be left inside of a designated letter box, rather than through the door, as the tenant lives in a flat. Can I email the Notice, in case the post is lost, or claimed to lost?
Only if tenancy agreement allows
Hi. I would also send S21 by ordinary post. Problem is T may refuse the receipt of the letter, i.e. play games. On the other hand, if you post it by regular post, itâll be deemed delivered by the courts after, I think 3 working days if sent by 1st class post.
Sending tenant notices by recorded delivery means that if the tenant rejects them, or in this case never collects from the sorting office, they will be ânot deliveredâ and the notice will fail.
Why not just arrange an inspection visit with tenant there. Deliver by hand and get them to sign and date for receipt. Advice from nrla below
Good luck
Service on the tenant
Your notice can always be served by hand to the individual tenant or tenants who live in the property. This is the best method if possible as it gives you the opportunity to have your tenants confirm they have received the notice by signing and dating the document.
Service to the property
If it is not possible to get the tenant to sign for the document, then the best method is to deliver the notice to the property yourself. As long as you have a professionally drafted tenancy agreement then it should contain a clause that specifies the notice will be considered served if it is delivered to the property.
Service by post to the property
A well-drafted tenancy agreement will also contain similar provisions allowing for notices to be served by posting the notice to the property. The key thing to remember with this is that the notice must reach the property for service to be affected. If you post the notice by recorded/signed for delivery then the tenant may refuse to sign for it.
Service via email
In England, we do not recommend serving important notices via email, even if your tenancy allows for it, as it can cause issues later on with possession claims. Particularly if the tenant claims they have not received it.
If you do choose to serve via email, a hard copy of the notice should also be posted to the tenants at the property address.
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If you want to use S21 you MUST have served by 1st March when renters reform comes in. That need include time for serving so ideally do it now.
Then for the S21 to be enforceable you must start court proceedings by the date in the transitional arrangements: 31 July I think, but do check.