Tenant requesting for Section 21?

Tenant requesting for Section 21?

9:34 AM, 22nd September 2023, About A year ago 21

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Background: We purchased a 3-bed mid-terraced property in 2022 with a sitting tenant of about 14 years. On completion, we issued a new 12-month AST which is due to expire at the end of October this year. In July, we informed the tenant that we would be increasing her rent by £50/month from 1st November and followed this with a section 13 notice because the AST does not have a rent review clause.

The tenant has agreed to pay the new rent from November but under the condition that we would issue her with a Section 21 notice because according to her she would like to move into social housing. While we have no problem with the tenant moving out we are also concerned about the tenant’s naivety by thinking that once we issue her a section 21 notice, the social housing team will find her a house as she has been made to believe.

Our questions are:

1. What are the things that we should be aware of before we issue a section 21 bearing in mind she requested this?

2. While we have had some discussion with the tenant, are we allowed to make her aware that she may not be provided a property by the social housing until she is physically evicted? What is the best way to do this?

3. Once section 21 is issued, if we have to go through the court and use bailiff to evict the tenant, can we request for the tenant to cover the cost and how can we do this?

Thank you,

Ola


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Comments

Teessider

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11:44 AM, 22nd September 2023, About A year ago

It’s your property. You decide whether to issue a possession notice or not.

Tenants do not get to issue ‘conditions’. They pay the rent, go to a tribunal or move out. You should tell them this.

If you decide to claim possession, you could be successful in claiming costs but I wouldn’t hold your breath - especially with a Section 21. You might have a better chance with a Section 8.

Just say no.

David Houghton

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12:11 PM, 22nd September 2023, About A year ago

The landlord/tenant relationship is exactly that a relationship. While it's good it's great but once a relationship has passed its sell by then it's not going to improve. Get the n5b form and guidance of the court website. Make sure you tick all the boxes before serving. The serve as your tenant wants the s21 get a receipt

Be prepared for her to stop paying rent at this point. Sometimes happens.

Two months later fill in the court form and claim your issue costs. Use the accelerated procedure. She may find she doesn't get rehoused, not your problem. Just get the bailiffs to do the eviction

First loss is usually the best loss.

Julesgflawyer

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12:22 PM, 22nd September 2023, About A year ago

Why give the tenant a route to more information than they might have at the moment? Just make sure you're in a position to serve a *valid* s21 (EPC, Gas Cert, How to Rent booklet all up to date and served) then serve it and let things take their course. Very limited costs recovery in "accelerated" possession cases, so beware of that.

Teessider

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12:30 PM, 22nd September 2023, About A year ago

Reply to the comment left by Julesgflawyer at 22/09/2023 - 12:22
I’d wait until the tenant is 2 months in arrears before issuing Section 8.

Tenants do not dictate how I operate my business.

BRACKS Mead

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13:17 PM, 22nd September 2023, About A year ago

Agree with Tesssider.

Just increase the rent. Dont issue section 21.

You want a tenant. You have a tenant. Leave it be.

Tenant can choose to leave but she should give notice and leave. Thats the right thing to do.

I get why she wants a section 21. She wants to jump the social queue.

She wants YOU to pay for the costs upfront and YOU to do the hours of research/admin/courts. It just cost me 2k and Id never do it willingly again.

Tenant does nothing. Tenant will probably stop paying your rent because if she has "read about sc.21" she will definitely have read to stop paying too.

The courts system.is an absolute mess. Dont enter unless absolutely desperate too.

John Bentley

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15:41 PM, 22nd September 2023, About A year ago

I had the same request from a tennant hoping to jump up the social housing list, they changed their mind when the realised that it would mean months in a hostel or b and b before being given a council property.

Polly Nottingham

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16:15 PM, 22nd September 2023, About A year ago

I would tell the tenant to look at rent levels of similar properties being advertised currently. And to phone her local housing department and ask them what to expect if she was given a section21. All councils have massive waiting lists and can only house people who are high-priority, section 21 does not automatically qualify her...

Moe

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19:20 PM, 22nd September 2023, About A year ago

My opinion is issue the section 21 and make sure the tenant pays all courts fees before proceeding further, the homeless team will not likely accept them until a bailiff date is set.
This is a win win, tenant leaves happy and you can re rent at a higher cost.

Most likely she will not be in arrears and hopefully no damage to the property.

Jonathan Willis

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20:27 PM, 22nd September 2023, About A year ago

Firstly you can issue an s21 for free, it's just a notice. You don't have use it and take it to court. The tenant might not realise this, or that been served an s21 won't get them council housing. Instead they have to be evicted by baliffs at your expense.

Tenant has likely read they won't get help from the council if they are intentionally homeless.

You should make it clear to the tenant they don't understand the full process.

If you evict a tenant with s21 you can apply for costs so the tenant might be landed a large bill.

Social housing is full. So they'll likely be landed in a hostel or a very cheap hotel. Some councils can't even offer that and have advised they sleep in cars. It's really that bad in some areas.

Eviction by baliffs will mean they will fail reference checks for private rental in the near future. So they likely won't be able to rent privately for sometime.

That's an issue because once they see how bad the emergency accommodation is they'll use their income to rent and find they'll be refused by all landlords due to the eviction.

GlanACC

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20:58 PM, 22nd September 2023, About A year ago

The tenant doesn't have a prayer of getting social housing just because you issue a S21.You will likely have to use a court order and a bailiff to get the tenant out and you will never see any money back. You might as well issue the S21 anyway as she is already committed to leaving but it is likely she will stop paying the rent. Get the house independently checked to prove their is no disrepair or mould as she might try to use this against you to get money back.

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