Section 21 (4) (a)

by Readers Question

12:23 PM, 28th August 2014
About 4 years ago

Section 21 (4) (a)

Make Text Bigger
Section 21 (4) (a)

I have served the above and I was wondering as there seems to be conflicting information… am I still able to accept rent during the two month notice period?

Thanks Section 21 (4) (a)

Peppy Donnelly



Comments

Mark Alexander

12:25 PM, 28th August 2014
About 4 years ago

Hi Peppy

Yes you are 🙂
.

Peppy Donnelly

12:31 PM, 28th August 2014
About 4 years ago

Thanks for the quick reply. What happens after the notice period if the tenant doesn't move out, i.e. If I accept rent am I entering into a new tenancy agreement?

Thanks

Mark Alexander

12:38 PM, 28th August 2014
About 4 years ago

Reply to the comment left by "Peppy " at "28/08/2014 - 12:31":

Once the notice period has expired you may apply to the Courts for a possession order and begin charging and accruing if necessary, "mesne profits", i.e. double rent. For more information please see >>> http://www.property118.com/mesne-profit-can-it-protect-a-hmo-landlord/61664/
.

Romain Garcin

13:46 PM, 28th August 2014
About 4 years ago

A s.21 notice has no effect on the tenancy, which therefore continues even after the notice has expired.
As such rent continues to become due as usual and there is no legal issue in accepting it.

'Double rent' only applies if the tenant himself ends the tenancy by serving a notice to quit but does not vacate on expiry.

Peppy Donnelly

15:00 PM, 28th August 2014
About 4 years ago

Thank you both this is very helpful. I am hoping that there will be no issue with the tenant vacating. However if rent is not paid in the meantime is that when I would have to start a claim? What would I need to do?

Mark Alexander

18:41 PM, 28th August 2014
About 4 years ago

Reply to the comment left by "Peppy " at "28/08/2014 - 15:00":

Hi Peppy

If they don't pay please read the following discussion thread - link >>> http://www.property118.com/good-debt-recovery-agent/44679/
.

Peppy Donnelly

22:15 PM, 29th August 2014
About 4 years ago

I have served the above notice via Royal Mail special delivery and I have also sent it through email to the tenant. I have checked the tracking for the letter and it has not been delivered to the address as there was no one in to sign for it. Where do I stand with this. I have been in contact with the tenant and let them know that they have to move out and given them the two month date.

I am a bit worried!?

Mark Alexander

23:39 PM, 29th August 2014
About 4 years ago

Reply to the comment left by "Peppy " at "29/08/2014 - 22:15":

That is the problem with sending special or recorded delivery. The best way is to deliver by hand with a witness recording. Failing this, send more than one separate copies with proof of posting from more than one separate post offices.

I recommend you to re-serve.
.

Dr Rosalind Beck

9:58 AM, 30th August 2014
About 4 years ago

Hi Peppy. We've done this loads of times and we always just get a proof of postage and staple it to a copy of the notice we've served for the judge to see if necessary. We have never had a problem with this. We learnt years ago that proof of postage is better than recorded delivery for most of our important correspondence and it is accepted by the courts.

Mark Alexander

10:08 AM, 30th August 2014
About 4 years ago

Hi Peppy

Also note that you no longer need to observe the dates as previously thought. Any two month period is fine these days using section 21 (1) (b), even if the tenancy is now periodic, following the Court of Appeal ruling in Spencer vs Taylor which was subsequently refused permission to appeal to the Supreme Court.

For more details please see >>> http://www.property118.com/section-21-update-spencer-v-taylor/67374/
.

1 2

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Shelter's website says Section 21 does not cause homelessness

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More