Issuing a section 21 | Discuss

Welcome to the Property Forum where we can share our knowledge & experiences together to become better at what we do.

 Forum Terms & Conditions


Enlarge/Change font size here

A A A

Please consider registering
guest

sp_LogInOut Log In sp_Registration Register

Register | Lost password?
Advanced Search

— Forum Scope —





 

— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

sp_Feed Topic RSS sp_TopicIcon
Issuing a section 21
15/12/2017
9:41 pm
walkerbout
New Member
Members
Forum Posts: 1
Member Since:
08/09/2015
sp_UserOfflineSmall Offline

I’m hoping by posting this on here helps out anybody about to issue a section 21.

I’ve just been to court and had the case adjourned due to a technical issue. And due to it I’ve had to withdraw from court.

Issued the tenant with a section 21 back in July and it ran it’s course to September at which time I applied to the courts. This week I went to court and the tenant turned up with a last minute defence which due to her circumstances the judge allowed. 

The tenant was issued with a how to rent guide back in October 2015 but when she went from the fixed 6 months period to a rolling contract I didn’t issue her with an up to date how to right guide (which I along with others I have since spoken to wasn’t aware was necessary).

The law around this issue is very grey and speaking with lots of legal professions they are not 100% that I didn’t need to do this. As my tenant has legal aid it was far too risky financially to carry on with the court case. I’m now faced with picking up the legal aid bill.

I’d love to carry this case on (but if I lose it will cost me a lot of money) in the hope to win it for all landlords in England to stop this happening to any other landlord. Until the Government re-write section 3 of the housing act 1988 more landlords will find themselves in my situation.  

22/12/2017
2:39 pm
Jo Chapman
Member
Members
Forum Posts: 42
Member Since:
11/10/2011
sp_UserOfflineSmall Offline

Thank you so much for posting this. I am going to issue a section 21 in the New Year. I have just checked the tenancy agreement and her tenancy went from 6 month to periodic at the end of October 2015. I did not issue a ‘how to rent’ at the start of the tenancy as it was not the law then. This is something I would not have thought about without having read your post.

23/12/2017
9:15 am
David Price
Member
Members
Forum Posts: 1695
Member Since:
11/10/2011
sp_UserOfflineSmall Offline

Yet another trap for the landlord, something the government probably did not intend, dreamed up by layers who have nothing better to do but defend wayward tenants.

Did your tenancy continue as a statutory of contractual periodic?  If the latter it is not a new tenancy but a continuation of the fixed term.

I have gone to court using the version of the How to Rent booklet which was current at the time of the initial contract with no problem but then I did not have a legal aid lawyer opposing me.

10/02/2018
11:28 am
Amy
Guest
Guests

I thought new law wasn’t retrospective? 

10/04/2018
8:19 pm
Patricia
Member
Members
Forum Posts: 1046
Member Since:
12/06/2012
sp_UserOfflineSmall Offline

Mary Latham was correct about the storm ahead for landlords  .

This is another first thought for me. The law is changing so fast that Solicitors / landlords/ judges  haven’t got a clue what is going on. My Solicitor said the legislation was a mess . He could not believe that  self contained rentals and HMO were using the same AST’s.  

How do you handle a tenant who will not sign a new contract?   You give him a S21 and have no rent for a year plus solicitor & court costs and even then they may not leave.  

*****************************************************************

We are rapidly going back to the days of Assured Tenancies and the Rent Assessment Committee. To you NEW YOUNG  landlords it meant (back in the day) you agreed a rent rate with your tenant. Sign all the papers together and then you get a letter through the post stating that your tenant has been to the Rent assessment Committee and your rent has been dropped by half. I remember those happy days. 

10/07/2018
2:37 pm
Amy
Guest
Guests

David Price said
Yet another trap for the landlord, something the government probably did not intend, dreamed up by layers who have nothing better to do but defend wayward tenants.

Did your tenancy continue as a statutory of contractual periodic?  If the latter it is not a new tenancy but a continuation of the fixed term.

I have gone to court using the version of the How to Rent booklet which was current at the time of the initial contract with no problem but then I did not have a legal aid lawyer opposing me.  

The NEW  ‘How to rent Booklet”  is dated June 2018 so landlords beware! ” Do not issue any older January 2018 copies to new tenants.  I may be wrong? My understanding is that it will affect your section 21 . 

I have just issued the new JUNE 2018 “How to rent Booklet to a new tenant and he has signed that he has received (A list ) of all my provided paperwork. EPC etc and the new JUNE 2018 booklet.  I think the booklet date on the AST is a must from now on if the Government is going to issue a new one every 6 months.      I keep remembering the threads on forums years ago  talking about how the internet was going to stop the paper mountains. Confused

David: Your previous comment:  “The result of unintended consequences”.

I notice we now have our 8th appointed Housing minister Kit Malthouse since 2010 .   Will he continue to make such a hash of the Private Rental sector with new laws that are not thought out correctly?  Even a judge commented on the Private Rental Laws confusion .  

A question thrown into the public arena .  Do any of these politicians have any previous experience or training of the areas they get moved to when they are moved around?                                          Example: Michael Gove  and the Teaching Industry. 

Forum Timezone: Europe/London

Most Users Ever Online: 755

Currently Online:
22 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

PaulBarrett: 2898

Mary Latham: 2194

LyndonBaker: 1805

David Price: 1695

Patricia: 1046

DATA CONTROL: 979

Member Stats:

Guest Posters: 2609

Members: 6691

Moderators: 5

Admins: 1

Forum Stats:

Groups: 1

Forums: 3

Topics: 4630

Posts: 31459

Newest Members:

matty910_1, flora, jennyproperties, clairep, samcam, sross

Moderators: News @ Tenant Referencing: 1636, laura: 15, Chloe: 107, lucybarr: 0, jaswhite: 20

Administrators: Paul Routledge: 3433