Section 21 – really as easy as it sounds?

by Readers Question

10:57 AM, 4th April 2019
About A year ago

Section 21 – really as easy as it sounds?

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Section 21 – really as easy as it sounds?

I have a tenant causing a merry host of issues, but I’m now firmly on the legal (if not expensive) route to get it sorted.

The last part of the process will be to get her to tidy up the tip she lives in. Rabbits in cages in the lounge, cats and dogs roaming, commercial pallet waste in the garden etc. I have a feeling the council will kick in and move all the waste for her as I will be using the eviction threat over her (again).

Unfortunately, she has slightly mild learning difficulties, so the council see me as a dumping ground for her and her kids as it is far more costly for them to take her back into their own social hands. After all this is resolved and she is up to date with rent, the house cleared etc, I still want to evict her.

She just has to go as I know the whole situation with arrears will start again and inevitable the house will get trashed. Can I just issue a ‘no fault’ section 21 and if so, does she have a right to contest this?

I just want out of this!

JW


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Comments

Rob Crawford

12:44 PM, 4th April 2019
About A year ago

Hi JW, firstly if you are expecting the council to tidy up after your tenant, then expect an invoice to follow! I assume this is a benefits tenant on universal credit? Serving a (no fault) section 21 is fairly simple, as long as you know how to do it! I mentioned a "no fault" process because you mentioned your tenant has learning difficulties. The no fault approach does not give the judge the opportunity to extend the tenancy term for compassionate reasons etc. Where landlords experience problems is if the notice is served before four months (plus a couple of days) have elapsed before the end of a fixed term. Also, when the deposit has not been correctly protected or either the deposit prescribed info, EPC, GasSafe Cert or Gov't tenant's guide has not been served correctly. In which case the section 21 (form 6a) will be rejected by the judge. So assuming all this is correct and you can complete the form and serve the notice (with evidence of serving). You should be ok. However, if this is your first time I would recommend that you seek professional legal help.

H Priory Homes

15:01 PM, 4th April 2019
About A year ago

what are the arrears?

Annie Landlord

15:09 PM, 4th April 2019
About A year ago

Its probably best to serve a S21, but you need to ensure all your paperwork is correct. Please also call the RSPCA to check on the animals. If this lady can't look after herself and the house she not be providing adequate care for the animals. They may remove the animals.

WP

16:11 PM, 4th April 2019
About A year ago

cheers all! I'll give it a go myself when all the stuff is cleared

Chris @ Possession Friend

23:32 PM, 4th April 2019
About A year ago

Without advice from at least a Landlord Association, there is a high likely-hood that you will make some mistake.
Pretty much any mistake is enough to loose the case, which is expensive in many ways, not least having to start all over again.
Having professional help on your first eviction will set you in a far better position should you face the situation again.

Old Mrs Landlord

9:08 AM, 6th April 2019
About A year ago

What are your reasons for waiting for her to tidy up the mess and clear the rent arrears before serving the Section 21? It will take several months for you to gain possession and in that time the arrears will very likely increase rather than decrease and if the mess does get cleared it will probably build up again.

Philip Edwards

17:00 PM, 7th April 2019
About A year ago

A judge can give a tenant an extension. I have a tenant who was issued a Section 21 notice. She should have left the premises by December 20th last year. When she failed to leave, I applied to the court for a judgement to have her leave without further delay. The judge awarded her an extension until April 4th. Unfortunately, she's still there, effectively squatting, and has applied to the court with an N244 form to have the original judgement set aside. Hopefully, the judge will see through this, and will not cancel it. The tenant owes me £10,500 in rent and £476 in court costs.

Chris @ Possession Friend

17:14 PM, 7th April 2019
About A year ago

Reply to the comment left by Philip Edwards at 07/04/2019 - 17:00
You should write to the court Manager,
If a Possession order under Section 21 is granted, the court must give Possession within 28 days. If the tenant successfully please grounds of exceptional hardship that are found by the court, there an extra 14 days that a judge can award.
The maximum time allowed for a Possession order if Section 21 is awarded, is 42 days.

Philip Edwards

13:29 PM, 8th April 2019
About A year ago

Reply to the comment left by Chris Daniel at 07/04/2019 - 17:14
Thank you Chris. In effect the judge did award her the full 42 days, so I think she's barking up the wrong tree as far as submitting an N244 form is concerned. It's very unlikely that a judge would give her a further extension. A request to have her removed by the court bailiffs was submitted on Friday. It has also transpired that someone else is also occupying the flat; a local businessman who, very cheekily, and against the tenancy agreement, is using the flat as his registered business address! What a nightmare!

Chris @ Possession Friend

13:32 PM, 8th April 2019
About A year ago

Reply to the comment left by Philip Edwards at 08/04/2019 - 13:29
Philip,
You should be submitting the Bailiff application form the very next day after the court awards Possession.
Are you saying that the Possession order was awarded in 42 days and that only now your applying for Bailiffs ?

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