Tenant requesting for Section 21?

Tenant requesting for Section 21?

9:34 AM, 22nd September 2023, About 8 months 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

RMH

21:16 PM, 22nd September 2023, About 8 months ago

You don't have much to lose by issuing a S21. Let's say you don't- what will you do if the tenant continues paying the old rent? A S8 will take a lot of time to become an option in that case.

If it gets to court costs/etc, when you know what they are likely to be decide if to chase those costs or not. But issuing a S21 by itself has little risk compared to the risk of not doing so

Karen Dodd

7:13 AM, 23rd September 2023, About 8 months ago

Can you actually evict a sitting tenant? And if you are receiving enough rent, why would you want to?

Julesgflawyer

7:34 AM, 23rd September 2023, About 8 months ago

Reply to the comment left by Teessider at 22/09/2023 - 12:30
No, but it looks like a warning sign to me. Why NOT serve the s21 now rather than wait until there's fully two months rent in arrears (ground 8) before serving a s8 notice?

Lisa008

10:01 AM, 23rd September 2023, About 8 months ago

What made you buy a property with a sitting tenant?

GlanACC

10:03 AM, 23rd September 2023, About 8 months ago

Reply to the comment left by Lisa008 at 23/09/2023 - 10:01
I bought a property with a sitting tenant, he has been in there 20 years now, no problems.

K Anon

10:16 AM, 23rd September 2023, About 8 months ago

This is why the govt is banning s21 no fault evictions, it's the loophole used to get social housing.

Sarah Lambert

22:10 PM, 23rd September 2023, About 8 months ago

Hi. Just to say that the council will likely contact you to do a tenancy check and ask why the notice was served. They may find that you have colluded with the tenant if you issue for them to try to get social housing and they may find the tenant intentionally homeless. The tenant may also get barred from the register for deliberately worsening their circumstances as they effectively asked to make themselves threatened with homelessness.

GlanACC

7:24 AM, 24th September 2023, About 8 months ago

Reply to the comment left by Sarah Lambert at 23/09/2023 - 22:10
Yes, but you are under no obligation to tell the council anything, and in fact if you do you are opening up a channel of conversations that you probably don't want

Vicky Gowthorpe

9:18 AM, 24th September 2023, About 8 months ago

I aren't an expert, but watching a programme about balifs. They council, will not step up with any help, until the person has been evicted.
The balifs said,, it horrible that the councils will not help till the person has no where to live.
They say sometimes they don't turn up to 4 pm leaving the tenant an hour to get to the council for emergency accommodation. This might be why she wants a section 21.
I would maybe suggest, that your tenant contacts Shelter for advice, we were told by the estate agent, selling our house on behalf of our landlord. If we didn't find another place to live and our old house sold, we got told to talk to Shelter.

GlanACC

9:31 AM, 24th September 2023, About 8 months ago

Reply to the comment left by Vicky Gowthorpe at 24/09/2023 - 09:18
I have only ever used a S21 to evict non payers. I have no sympathy for them as they cuased me much extra expense. I would be happy if the bailiffs turned up after the council offices had closed, focuses the mind. I evicted a family who loaded their immediate belongings into their car, which the bailiff had clamped as I had already got a seperate CCJ and it was used to part settle their outstanding debt. The look on their faces was an absolute picture (they had to get a mate to collect them in the end). Good riddance to bad rubbish.

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