Can I serve a Section 21 and or 8 during Lockdown?

Can I serve a Section 21 and or 8 during Lockdown?

8:57 AM, 20th April 2020, About 2 years ago 6

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Like many of us, I have tenants not paying rent. I know all 3 tenants have been furloughed, so should be able to pay their rent.

I received a third of the rent on 1st April, but since then they’ve gone quiet on me. I have been very much saying let’s work together on this and happy for them to catch up arrears, but I just have that feeling no rent will be paid on May 1st. So want to be ready to serve the S21 on May 1st.

I’m actually really angry with the government for not making this clear to tenants up and down the country that rent is still owed. The government has given the impression that we have a mortgage holiday and the tenant has a rent holiday ..I want to help my tenants but I’m not a bank either!

Would appreciate if there is a link to a general tenant letter on here too.

Sarah

Editors Note:

Please see “Full Government COVID-19 guidance for landlords and tenants published



Comments

by Neil Patterson

9:03 AM, 20th April 2020, About 2 years ago

Hi Sarah,

I have included a link to the full Government Guidance above, but in summary the new minimum notice is 3 months and all possession hearing have been cancelled.

Eviction could therefore be a very long road from now.

Please also see recent articles >>
https://www.property118.com/eviction-process-is-this-the-new-reality/

https://www.property118.com/12-out-of-13-tenants-asked-for-rent-free-holiday/

https://www.property118.com/government-must-give-clear-statement-on-rental-payments/

https://www.property118.com/government-have-created-chaos-in-the-prs/

by Anne Nixon

12:47 PM, 20th April 2020, About 2 years ago

Reply to the comment left by Neil Patterson at 20/04/2020 - 09:03
Could I ask you Neil, would it be possible to serve the two notices now to get oneself in the queue as it were or doesn't it work like that?

by les tolley

11:33 AM, 21st April 2020, About 2 years ago

My tenants have gone quiet as well and now are 2 months in arrears I have sent all the guidance from the government to them and hopefully will be able to contact them soon with respect to offering them an official rent holiday, but do I need to get them to sign an agreement to repay later? Does anyone have a template for this?

by Clint

12:42 PM, 21st April 2020, About 2 years ago

Reply to the comment left by Anne Nixon at 20/04/2020 - 12:47
Yes you can serve a section 8 and a section 21 at the same time. I have just carried this out for two tenants and have done this many times before. At the end of the day you can just change your mind about following it through depending on how the tenant is at a later stage.

by Chris @ Possession Friend

8:45 AM, 22nd April 2020, About 2 years ago

Sarah, the short answer is, yes but did you miss our article here last week, offering Free Advice for Landlords during Lockdown.

by Mike

0:00 AM, 4th October 2020, About A year ago

Section 21 notice using Form 6A has now been amended due to coronavirus legislation , so make sure any Notices you give will be legal and valid, its no point giving an invalid notice and only to find out your case is struck out, visit Government website to download the correct form 6A,
This has latest changes prescribed on it, i.e. 6 months Notice period and Notice now expires 10 months after the date of service. The old form 6A does not reflect this so could be struck out if a Judge had a grudge against landlords. and through my experience I had encountered two very different judges, one was downright rude and excessively harsh, was looking for any excuse to strike out the case but my case was well prepared and so she was very disappointed having to give me a possession despite the tenant failing to turn up, on a Section 8 Notice owing me 7 months of rent, and in another case a different lady Judge was an absolute Angel, despite the tenant again not turning up, she did not reject my claim despite having a slight technical error.


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