Tenant only missed one month but needs Section 21?

Tenant only missed one month but needs Section 21?

11:28 AM, 1st July 2021, About a month ago 10

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A tenant who can’t pay her rent was going to leave (possibly to live with family) but the Local Authority is asking her to get a Section 21 from me. This means starting the eviction process. She says she can’t get UC or any help from the Job Centre until she gets this. She has only missed one month so far.

I think I can’t start proceedings until she has missed two payments. Is this right?

Also, she is only 3 months into her standard shorthold tenancy and I read somewhere that you can’t issue an order until they have completed their fixed term, which is 6 months in her case.

As we have to give 4 months’ notice now, that would take her beyond that, so perhaps the process can start now. I was recommended to Landlord Action. They seem to have got the information and gone forward straight away?

Sorry, a lot of questions.

Helen



Comments

by JTH

10:33 AM, 2nd July 2021, About a month ago

Hi Helen,

As you are intending to issue a Section 21 Notice the question of how much rent is owed is irrelevant, as this only applies to a Section 8 Notice. A Section 21 Notice is a 'no fault' Notice, meaning you do not have to declare a reason for its service.

You are correct in your understanding that as you need to currently give four months notice this will take it past the fixed term.

by Helen

10:58 AM, 2nd July 2021, About a month ago

Thank you JTH. There was a problem with the editing. Regarding Landlord Action, I was wondering if people had used that service and what they thought of it.

by Robert Mellors

11:00 AM, 2nd July 2021, About a month ago

The tenant is misunderstanding her entitlement to Universal Credit and "help from the Jobcentre" (or is misleading you about this), as these are nothing to do with whether or not a Notice has been served.
Her entitlement to Universal Credit (UC) for personal income is based on her income and job status (assuming she has "recourse to public funds").
Her entitlement to UC Housing Element (for help to pay her rent), is dependent upon her having a tenancy agreement (not a s21 Notice), and of course her general entitlement to UC.
Her entitlement to "help from the Jobcentre", e.g. help finding employment, is, again, nothing to do with her tenancy or whether she has been served with a s21/s8 Notice or not.

If she is going to go and live with family, why is she approaching the Local Authority, it has nothing to do with them if she chooses to move in with family members.

The story you are being fed by her does not make any sense.

by Ian Cognito

11:06 AM, 2nd July 2021, About a month ago

Hi Helen

Not sure I understand what's really going on.

If tenant leaves to live with family she will not be able to claim housing element of UC.

Furthermore, why are local authority involved?

by Helen

14:37 PM, 2nd July 2021, About a month ago

Reply to the comment left by Robert Mellors at 02/07/2021 - 11:00
I completely agree with the above. I don't trust her. If she can't get any benefits how is she even paying for her food, let alone the rent? I think she kept telling the council that she can't pay her rent and they told her to get an eviction order rather than just leave the flat. I told her she can get benefits if she is actively looking for a job, under UC. Anyway, that is another matter - that of if she gets housing benefit and doesn't pass it on to me, during the eviction process. I need to get her out and start the process asap.

by Helen

14:41 PM, 2nd July 2021, About a month ago

I don't know if she would have left the flat anyway. She gave me a leaving date but I was wary. Anyway now she knows her rights she won't leave without a possession order. I am not sure if I can start the 4 month notice period within the statutory fixed term. Reciprocal notice according to the contract can be given after 6 months, so I assume it starts from then rather than when she gets the order, whether Section 8 or 21. I am guessing I can get a Section 8 after she hasn't paid the rent for two months, even though it is within the 6 months fixed term. Not sure when the notice period would start though.

by Mike T

17:53 PM, 2nd July 2021, About 4 weeks ago

Reply to the comment left by at 02/07/2021 - 14:41
Hi Helen, You are right that 4 months notice must be given, and I'm pretty sure you can serve it now. Have you considered having a conversation with her and suggeting that you will in addition to the S21 also start a Mymoney online claim for the unpaid rent. This would/could effect her credit rating in the future. You could offer to forego all this and not pursue the rent arrears etc if she just voluntarily leaves. ( could save you a lot of stress and money in the long run)

by Helen

11:31 AM, 3rd July 2021, About 4 weeks ago

Reply to the comment left by Mike T at 02/07/2021 - 17:53
Thank you Mike T. Yes I did tell her this and I also said that as her husband is named on the contract he will also be implicated in the County Court Judgement. She said he has left. I said that if she finds work/gets UC she can pay me the rent at that time and I will give her leeway. However she said it is very hard to find work and that she can't get UC until she gets the possession order - which I am sure isn't true. I think she is lying to me. She is young and fit and loads of places need casual work at the moment around here, cafes etc. Although she showed me pay slips showing a good income when she moved in, I have reason to believe that she hasn't worked since she got there.

by Bala

13:30 PM, 7th July 2021, About 4 weeks ago

I had a similar situation at Barking and Dagenham Council. Council tell the tenants to get a possession order/eviction notice to get a council flat. To get UC you need tenancy agreement not the possession order. I thing she is trying to get a council flat.

by Helen

16:43 PM, 8th July 2021, About 3 weeks ago

Yes but I am not sure why she can't get UC in the mean time. Anyway I have lawyers on to it now and will issue the Section 8 as soon as she is two months overdue with the rent. I just have to accept that I probably won't get any rent until she leaves.


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