Section 21 and Prescribed Information problems

by Readers Question

8:29 AM, 6th January 2015
About 4 years ago

Section 21 and Prescribed Information problems

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Section 21 and Prescribed Information problems

My tenants have been in since February 2012, the tenancy became periodic in August 2012. The deposit was correctly protected and the prescribed information given.

The house is in England. They have since started to default on the rent and a S21 was served and I am confident that all the dates on the S21 are correct. The problem is I can’t find proof that the PI was given at the start of the AST and it wasn’t given when the agreement became periodic.(because we didn’t know it had to be done again)

I realise that this will cause problems for the S21 if it has to go to court. I know that because of this mistake I will not be able to use the accelerated route, am I still able to use the normal, slower route?

I am also considering serving a s8 notice for non payment of rent, however because they are claiming housing benefit we intend to claim that directly from the council. If we do this can we still evict under S8?

I am genuinely concerned now that they may try and sue us as for not re-issuing the prescribed information – is this likely and is there any benefit in issuing it now?

Any help or suggestions greatly appreciated.

Richardrules



Comments

Roanch 21

13:51 PM, 6th January 2015
About 4 years ago

Hi, someone more qualified will help you with the legalities. I can't help too much other than to warn you that as they are on HB they will probably seek advice from the council homelessness officer. And most councils will advise them to play the waiting game, and stay put until the bitter end to screw you even more. The council officer may well also go through the S21 and PI to try and invalidate it wherever they can. So be careful.

I would tell them you're using HCEOs for a rapid eviction (bluff if you want) and also think about if there is another way to get rid of them quickly. Bribe them with hard cash / pay their removal fee etc? Broke HB tenants love hard cash. It feels wrong but may well cost you less in the long run..

If they have missed 2 monthly rent payments (so no rent received for 32 days) the council has to pay their HB to you directly.

Good luck

Tessa Shepperson

9:24 AM, 10th January 2015
About 4 years ago

If the deposit has been properly protected and it is just the prescribed information which is the problem, you can use section 21 provided you serve the prescribed information first. Its OK that it is out of time, although you will still be vulnerable to the penalty.

You will then be able to use the accelerated procedure. See the free guide here http://www.landlordlaw.co.uk/whichpossessionproceedings

Note that there is an amendment to the deposit regulations wending its way through the Houses of Parliament - once this is in force things may be a bit easier as landlords won't have to keep re-serving the PI every time a tenancy goes periodic.

But until then we are stuck with it!

Harlequin Garden

14:42 PM, 31st May 2015
About 3 years ago

I should know the answer to this - I issues a S21 to a tenant in an HMO (all on separate contracts) when he was 5 months into his 6 month tenancy. This is now periodic - the deal was if he shaped up I wouldn't 'enact' it - as far as I was aware all was ok but have now had a series of complaints by the other housemates about him so would now like him to go - but it seems that I now have to reissue the S21 - is this correct? I did it using the landlords site that automatically does the dates.


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