The Residential Eviction process….Are you serving an incorrect Section 21?

15 05 2013

Hi All
It’s hard to believe we are in mid-May. It feels as cold and wet as winter in Stoke 😦

We have recently been approached with a number of questions on Section 21 notice. If you are looking to re-gain possession of your rented property, you must follow the correct legal procedure including a correct Section 21 notice. The below scenarios may help you with some questions you might have on Section 21. If however, you still have any queries/concerns please do get in touch.

Question
I have a property where I have served a Section 21 notice; I wanted tenants to leave as they have been troublesome. I have tried to conduct viewings for new prospective tenants. The tenants refused access and shouted out, when I was there with a prospective tenant, that they wanted no viewings until they go. This will be in December. Can I claim against the deposit for wasted time and the void period at the end?
Answer
The tenant has the right to quiet enjoyment and exclusion of others. You cannot insist on entry. Our tenancy agreement says that tenants should allow viewings. You have the option to go to court to claim for any losses sustained by the breach of contract, but you have to quantify the losses and it may be difficult to do this.

Question
Do joint landlords both need to agree to give notice?
Answer
No. One of the joint landlords can give notice to end a tenancy. The problem arises if possession is required through the courts

Question
I have an apartment in the city centre, leasehold and management rules, one of which is no pets. A dog was reported in one of the properties but not found during a property inspection. It appears the tenants had a dog for two or three weeks due to family circumstances. I believe the dog is now gone. However, I want these tenants out earlier than the end of the fixed term in June.
Answer
The only sure way of possession is a Section 21 to expire at the end of the fixed term, and then it may take time for the process if the tenant decides to hold on until bailiffs called. If you want to start proceedings earlier, you can try section 8, Ground 12. However, ground 12 is discretionary and the court would have to decide whether the breach is serious enough for the tenant to lose their home.

Question
If a landlord serves a section 21, can a tenant leave before the expiry date?
Answer
The tenant could counter serve notice if applicable but from a strict legal point of view the landlord is entitled to rent up to the expiry of the notice.

Question
When completing a Section 21 to serve when there is a Guarantor on the tenancy, should the names of the tenant and guarantor be included, or just the tenant?
Answer
As it is the tenant who is required to give possession then the tenant’s name only on the notice. However, it is advisable to keep the guarantor informed by sending them a copy of the notice for their information.

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