Ignored form 4? Section 21 options?

Hand signing an eviction notice related to Section 21 concerns

by Readers Question

4:06 PM, 31st October 2022, 3 years ago 16

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Landlord News Landlords Questions

Hello, I have an income support tenant (with considerable savings) who has been angling for a section 21 notice for the last few months. She is convinced that she can get a central London council house (unlikely).

I refused to give her sec 21 notice as I didn’t want to end up paying for court orders and bailiffs. Instead, I gave her a form 4 to increase the rent above what income support would pay but below the fair market rent point. My thinking was that she could argue unaffordability with the council and put in her own notice.

She has just got back to me and told me that the council have told her to contact me and say she can’t pay the new rent and I will give her a section 21 notice. They have told her not to put in notice.

What are my options??

If I have to evict (using the standard OpenRent contract and section 21) do I pay the costs or does she (or her guarantor)?

Before you say it… No, sadly, I won’t consider an income support tenant again.

All advice appreciated.

Thank you!

Jen

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Comments

David Houghton

Member Since October 2022 - Comments: 402

2:58 PM, 7th November 2022, About 3 years ago

Reply to the comment left by Ron H-W at 07/11/2022 – 14:48
Well they don’t house a single vulnerable person, or anyone else. They are not a homelessness charity but a political campaign organisation

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JennyM

Member Since October 2022 - Comments: 9

9:36 AM, 11th November 2022, About 3 years ago

Reply to the comment left by Ron H-W at 02/11/2022 – 18:00
That makes perfect sense. Thank you.

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JennyM

Member Since October 2022 - Comments: 9

9:42 AM, 11th November 2022, About 3 years ago

Reply to the comment left by Seething Landlord at 02/11/2022 – 15:32
Sorry poorly written on my part. I do need the rent to go up. I certainly don’t want to give her an advantage. She has just been angling so had for the sec 21 for months and I’ve been resisting. I fully expected that her next angle would be go to the council with the rent increase.

We are just at a stage where she is playing games. I will hold the idea of section 8 in my back pocket. Although I fear it’s the poor guarantors who will come off worse.

Thank you for your thoughts.

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JennyM

Member Since October 2022 - Comments: 9

9:44 AM, 11th November 2022, About 3 years ago

Reply to the comment left by David Houghton at 04/11/2022 – 19:03
Unfortunately, I think you’re right.

Thank you for the tips.

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JennyM

Member Since October 2022 - Comments: 9

9:45 AM, 11th November 2022, About 3 years ago

Reply to the comment left by Chris @ Possession Friend at 05/11/2022 – 15:40
Thank you Chris

1 Report Comment Reply
JennyM

Member Since October 2022 - Comments: 9

9:47 AM, 11th November 2022, About 3 years ago

Reply to the comment left by Annie Landlord at 07/11/2022 – 12:23
Thank you. I shall use that box if I end up with a sec 21 to fill out.

I’m glad it worked out well for you.

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