Discussion
I hope this is the correct forum.A long term tenant (10 years )has asked me to serve her with a section 21 eviction notice,this was advice from the benefits office,(should this advice have been given )she has left her job through ill health and is trying to get the housing benefits set up,she is the sole tenant in a 2 bed bungalow.She was told the maximum payment towards the rent would be £80,(rent £580 pcm )
Can I download this document or should it be handled by a solicitor.
We are in Wales
Thanks in advance
Can I download this document or should it be handled by a solicitor.
We are in Wales
Thanks in advance
Unusual for a local authority to suggest to a tenant that they request their LL to serve Notice on them, since most local authorities are in desperate need for rental accommodation.
This South West based LL has recently had a tenant of 17 years make the same request. It is a request I have acted on, since the rental property is in desperate need of a total refurbishment. Whilst the tenant wants to leave, her local housing officer is advising the tenant to remain, that is until after court repossession proceedings, and upon bailiffs calling to evict her.
In Wales the present Notice period up to 30 September 2021 is six (6) months, the OP might therefore want to wait serving Notice until after then, when the Notice period might revert back to two (2) months.
In England, i am not sure on Wales, but they might be the same, there are various hoops a LL must overcome before a valid Section 21 notice can be served, they are:-
Any Deposit monies taken against the tenancy must be registered with a Tenancy Deposit Scheme, with the tenant having received details of the Scheme etc. If any Deposit monies was not registered in a Scheme, then in order for a LL to be able to serve a Section 21 Notice, the Deposit monies should be returned to the tenant.
There should be in operation a valid Energy Performance Certificate, an annual up to date Gas Safety Certificate, a five year Electrical Test Report, that the tenant has received, and/or offered the opportunity of viewing.
If the tenancy is a Statutory Period Tenancy then a Section 21 (4) (a) Notice should be used, using the "saving provision".
A LL should also check with their local authority the HMO licensing requirements, since some local authorities are registering ALL rental properties under the HMO Act, and without a rental property being Licence, then a valid Section 21 Notice can not be served.
Personally this LL would question the OP's tenant's motives. and possibly invite the tenant to serve her own Notice.
This South West based LL has recently had a tenant of 17 years make the same request. It is a request I have acted on, since the rental property is in desperate need of a total refurbishment. Whilst the tenant wants to leave, her local housing officer is advising the tenant to remain, that is until after court repossession proceedings, and upon bailiffs calling to evict her.
In Wales the present Notice period up to 30 September 2021 is six (6) months, the OP might therefore want to wait serving Notice until after then, when the Notice period might revert back to two (2) months.
In England, i am not sure on Wales, but they might be the same, there are various hoops a LL must overcome before a valid Section 21 notice can be served, they are:-
Any Deposit monies taken against the tenancy must be registered with a Tenancy Deposit Scheme, with the tenant having received details of the Scheme etc. If any Deposit monies was not registered in a Scheme, then in order for a LL to be able to serve a Section 21 Notice, the Deposit monies should be returned to the tenant.
There should be in operation a valid Energy Performance Certificate, an annual up to date Gas Safety Certificate, a five year Electrical Test Report, that the tenant has received, and/or offered the opportunity of viewing.
If the tenancy is a Statutory Period Tenancy then a Section 21 (4) (a) Notice should be used, using the "saving provision".
A LL should also check with their local authority the HMO licensing requirements, since some local authorities are registering ALL rental properties under the HMO Act, and without a rental property being Licence, then a valid Section 21 Notice can not be served.
Personally this LL would question the OP's tenant's motives. and possibly invite the tenant to serve her own Notice.
Thanks for the reply.
The crux is,tenant just wants to get housing benefits and would like to remain in her established home, like wise I am happy with a good tenant.
My concern is should the benefits office given the advice of asking for L L to issue a section 21,and can I do this myself or is there a need for solicitors to be involved.
Thanks
The crux is,tenant just wants to get housing benefits and would like to remain in her established home, like wise I am happy with a good tenant.
My concern is should the benefits office given the advice of asking for L L to issue a section 21,and can I do this myself or is there a need for solicitors to be involved.
Thanks
Wings said:
Unusual for a local authority to suggest to a tenant that they request their LL to serve Notice on them, since most local authorities are in desperate need for rental accommodation.
This South West based LL has recently had a tenant of 17 years make the same request. It is a request I have acted on, since the rental property is in desperate need of a total refurbishment. Whilst the tenant wants to leave, her local housing officer is advising the tenant to remain, that is until after court repossession proceedings, and upon bailiffs calling to evict her.
In Wales the present Notice period up to 30 September 2021 is six (6) months, the OP might therefore want to wait serving Notice until after then, when the Notice period might revert back to two (2) months.
In England, i am not sure on Wales, but they might be the same, there are various hoops a LL must overcome before a valid Section 21 notice can be served, they are:-
Any Deposit monies taken against the tenancy must be registered with a Tenancy Deposit Scheme, with the tenant having received details of the Scheme etc. If any Deposit monies was not registered in a Scheme, then in order for a LL to be able to serve a Section 21 Notice, the Deposit monies should be returned to the tenant.
There should be in operation a valid Energy Performance Certificate, an annual up to date Gas Safety Certificate, a five year Electrical Test Report, that the tenant has received, and/or offered the opportunity of viewing.
If the tenancy is a Statutory Period Tenancy then a Section 21 (4) (a) Notice should be used, using the "saving provision".
A LL should also check with their local authority the HMO licensing requirements, since some local authorities are registering ALL rental properties under the HMO Act, and without a rental property being Licence, then a valid Section 21 Notice can not be served.
Personally this LL would question the OP's tenant's motives. and possibly invite the tenant to serve her own Notice.
I suspect its not the local authority advising, but another service. Citizens advise/shelter etc.This South West based LL has recently had a tenant of 17 years make the same request. It is a request I have acted on, since the rental property is in desperate need of a total refurbishment. Whilst the tenant wants to leave, her local housing officer is advising the tenant to remain, that is until after court repossession proceedings, and upon bailiffs calling to evict her.
In Wales the present Notice period up to 30 September 2021 is six (6) months, the OP might therefore want to wait serving Notice until after then, when the Notice period might revert back to two (2) months.
In England, i am not sure on Wales, but they might be the same, there are various hoops a LL must overcome before a valid Section 21 notice can be served, they are:-
Any Deposit monies taken against the tenancy must be registered with a Tenancy Deposit Scheme, with the tenant having received details of the Scheme etc. If any Deposit monies was not registered in a Scheme, then in order for a LL to be able to serve a Section 21 Notice, the Deposit monies should be returned to the tenant.
There should be in operation a valid Energy Performance Certificate, an annual up to date Gas Safety Certificate, a five year Electrical Test Report, that the tenant has received, and/or offered the opportunity of viewing.
If the tenancy is a Statutory Period Tenancy then a Section 21 (4) (a) Notice should be used, using the "saving provision".
A LL should also check with their local authority the HMO licensing requirements, since some local authorities are registering ALL rental properties under the HMO Act, and without a rental property being Licence, then a valid Section 21 Notice can not be served.
Personally this LL would question the OP's tenant's motives. and possibly invite the tenant to serve her own Notice.
To claim benefits you have to tick the right boxes.
In thirty (30) plus years of being a LL, never have I heard of a local housing authority advising a private housing tenant, to request their LL to give Notice to end their tenancy.
Appears to me your tenant is seeking a council rental property, and from the various local authorities I deal with, there are very very few to be had. If you are unsure of the process in serving a Section Notice, then you should consider engaging a local solicitor.
Although I serve my own Notice, the costs for doing the same, do not just end with serving the Notice, since only the courts can give the LL repossession of the property, the cost of going to court and instructing bailiffs mount up.
I have told my tenant, that when the Section 21 Notice period ends, I will simply serve another Section 21 Notice, and that it is for her/the tenant to vacate the property. I will simply not incur the costs of going to court.
Appears to me your tenant is seeking a council rental property, and from the various local authorities I deal with, there are very very few to be had. If you are unsure of the process in serving a Section Notice, then you should consider engaging a local solicitor.
Although I serve my own Notice, the costs for doing the same, do not just end with serving the Notice, since only the courts can give the LL repossession of the property, the cost of going to court and instructing bailiffs mount up.
I have told my tenant, that when the Section 21 Notice period ends, I will simply serve another Section 21 Notice, and that it is for her/the tenant to vacate the property. I will simply not incur the costs of going to court.
bazjude2998 said:
Thanks for the reply.
The crux is,tenant just wants to get housing benefits and would like to remain in her established home, like wise I am happy with a good tenant.
My concern is should the benefits office given the advice of asking for L L to issue a section 21,and can I do this myself or is there a need for solicitors to be involved.
Thanks
As everyone else seems to be ignoring your question... Yes you can. The crux is,tenant just wants to get housing benefits and would like to remain in her established home, like wise I am happy with a good tenant.
My concern is should the benefits office given the advice of asking for L L to issue a section 21,and can I do this myself or is there a need for solicitors to be involved.
Thanks
Plenty of online templates you can use.
just hand deliver it and take a photograph of it being delivered as proof of delivery.
As the later posts say, I think your tenant wants a council property, and as such they won't help her until she is homeless.
So you go though the process, go to court, get order, instruct bailiffs and off she pops to the local council housing office and then she will be put into temporary accommodation which most likely won't be that nice. These council properties do exist but she will be joining a queue. A long queue. A very long queue.
First move would be to find out what LHA rate will be paid and go from there.
So you go though the process, go to court, get order, instruct bailiffs and off she pops to the local council housing office and then she will be put into temporary accommodation which most likely won't be that nice. These council properties do exist but she will be joining a queue. A long queue. A very long queue.
First move would be to find out what LHA rate will be paid and go from there.
Sir Bagalot said:
As the later posts say, I think your tenant wants a council property, and as such they won't help her until she is homeless.
So you go though the process, go to court, get order, instruct bailiffs and off she pops to the local council housing office and then she will be put into temporary accommodation which most likely won't be that nice. These council properties do exist but she will be joining a queue. A long queue. A very long queue.
First move would be to find out what LHA rate will be paid and go from there.
The OP did mention that his tenant was forced out of employment due to ill health, this will enhance the tenants standing on housing requirements and places on lists . LHA's have systems and criteria that need to be met and you have to play the system to make any progress. So you go though the process, go to court, get order, instruct bailiffs and off she pops to the local council housing office and then she will be put into temporary accommodation which most likely won't be that nice. These council properties do exist but she will be joining a queue. A long queue. A very long queue.
First move would be to find out what LHA rate will be paid and go from there.
Many don't like it and will throw criticism at those that play the system ,unfortunately it's the way of it . Local authorities housing has been very badly managed for many many years then the debacle of right to buy happened and that didn't work in the way it was planned as the housing stock was basically given away and not replaced in many areas .
Sir Bagalot said:
As the later posts say, I think your tenant wants a council property, and as such they won't help her until she is homeless.
So you go though the process, go to court, get order, instruct bailiffs and off she pops to the local council housing office and then she will be put into temporary accommodation which most likely won't be that nice. These council properties do exist but she will be joining a queue. A long queue. A very long queue.
First move would be to find out what LHA rate will be paid and go from there.
In our experience of a very similar situation, after serving notice (which the tenant had asked for on her case worker's advice), landlord then gets bombarded with calls from council employees asking if, pretty please, the tenant can stay a bit longer whilst continuing to not pay rent, only they didn't manage to sort the tenant out with a place to live. So you go though the process, go to court, get order, instruct bailiffs and off she pops to the local council housing office and then she will be put into temporary accommodation which most likely won't be that nice. These council properties do exist but she will be joining a queue. A long queue. A very long queue.
First move would be to find out what LHA rate will be paid and go from there.
Then you find out the tenant's family all live within 200 metres of the house you rent out, and during a chance meeting with her mum when you go round, find out the parents aren't going to help their own daughter by letting her sleep in her old bed for a bit, because heaven forbid they should have to sort out their own offspring's well-being when some other schmuck will put a roof over her head.
Very common for local authorities and charities such as Shelter or CAB to advise tenants to get served s.21 notice and get formally evicted through courts. If a tenant leaves on their own accord, they would be intentionally making themselves homeless and therefore won’t automatically be entitled to council housing.
Freshprince said:
Very common for local authorities and charities such as Shelter or CAB to advise tenants to get served s.21 notice and get formally evicted through courts. If a tenant leaves on their own accord, they would be intentionally making themselves homeless and therefore won’t automatically be entitled to council housing.
And serve both s.21 and s.8 noticed if possible. Make sure you get the dated on the notice correct, as an error can mean the process will have to start again. Expect no or little rent for next 12 months, if tenant is being difficult (no incentive for them to pay rent if they are being evicted and housed after). If they are in receipt of universal credit, make an application to receive it directly to you online.
And serve both s.21 and s.8 noticed if possible. Make sure you get the dated on the notice correct, as an error can mean the process will have to start again. Expect no or little rent for next 12 months, if tenant is being difficult (no incentive for them to pay rent if they are being evicted and housed after). If they are in receipt of universal credit, make an application to receive it directly to you online.
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