Unable to reach tenant after serving Section 21?
Hi, I served a Section 21 about a month ago because of late rent payments and other problems with the tenant.
After the notice, I have not heard anything from the tenant and even if I try to reach them, there is no response on emails, phone is switched off. Often, the tenant has not responded for weeks, but this time it has been more than a month since I was last able to get hold of the tenant, and the rent is also overdue by 1.5 months.
The property is quite far away from where I am and I wanted to take guidance from the Property118 community as to how this should be handled.
The two months notice for Section 21 will complete towards the end of February.
Any advice would be greatly appreciated.
Thanks,
Ranjeet
Editor’s Note: For help and advice about tenant eviction then contact Landlord Action below.
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Member Since February 2018 - Comments: 22
9:52 AM, 30th January 2025, About 1 year ago
follow through with the section 21. maybe engage a specialist firm to help you get rid of the tenant.
unfortunately this happens and will be quite costly but the longer you leave it the bigger and more costly this headache will be
Member Since January 2015 - Comments: 1450 - Articles: 1
12:21 PM, 30th January 2025, About 1 year ago
You cannot serve any notice (s8) for rent arrears until the tenant is 2 months in arrears.
I do hope you didn’t cite rent arrears as a reason for serving the s21, which is a no fault notice that you are seeking possession of your property.
Make the effort and go and see the tenant, giving 48 hours written notice you are coming, and ask why the rent is in arrears etc. You might come to an arrangement for the arrears to be paid off and the tenancy continue.
Member Since October 2013 - Comments: 1642 - Articles: 3
12:43 PM, 30th January 2025, About 1 year ago
Reply to the comment left by Judith Wordsworth at 30/01/2025 – 12:21
If you give notice, the tenant will make a point of not being there.
I had the same situation before serving notice in 2020. I lived in London and drove to Sheffield, to sit in the carpark with a witness [my local agent] until I saw the tenant leave for work, when I collared him on camera. It didn’t make any difference; he refused a payment plan, but at least I could prove that he was aware and I had him on video refusing a plan. I engaged a specialist solicitor, but it still took 15 months to evict him.
Act now, because he will not move out after 2 months, and you will have to go to court.
Member Since September 2023 - Comments: 157
8:47 PM, 30th January 2025, About 1 year ago
An s21 is a notice the landlord intends to seek possession. It doesn’t end the tenancy, and the tenant can just ignore it. You need to start court proceedings for a possession order once the date on the s21 is reached.
S21 is no fault, but you need to make sure it’s valid otherwise you are wasting money. Use this to check if it’s valid – https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker
Member Since October 2020 - Comments: 1177
9:01 PM, 30th January 2025, About 1 year ago
You should send the tenant a letter + email/text if you have it giving a date and time for inspection with a min 24 hours notice and then go over there with your keys. Sorry but its just tough ghat you live some distance away. Part of the cost of doing business. You may find the tenant has left/abandoned the tenancy. If so make sure you take a camera and note book to record your evidence of this. Watch this video for tips:
https://m.youtube.com/watch?v=l5-viP1Emf0
Member Since September 2023 - Comments: 157
9:05 PM, 30th January 2025, About 1 year ago
Reply to the comment left by DPT at 30/01/2025 – 21:01
Beaware a tenant has a right to quiet enjoyment. They can change the locks to deny access. Landlord only has access for an emergency like a water/gas leak.
Even if it’s against the tenancy agreement, landlord would need to issue s8 notice for breach of lease but this takes months for date, and 99% of judges won’t grant it, due to quiet enjoyment.
Member Since August 2023 - Comments: 2
7:26 AM, 31st January 2025, About 1 year ago
Reply to the comment left by acctsol at 30/01/2025 – 09:52
thanks you, would you have any recommendations for specialist firm?
Member Since August 2023 - Comments: 2
7:32 AM, 31st January 2025, About 1 year ago
Reply to the comment left by Judith Wordsworth at 30/01/2025 – 12:21
since s21 is already served, can i serve s8 also? now that the rent arrears is 2 months.
Member Since February 2011 - Comments: 3453 - Articles: 286
8:02 AM, 31st January 2025, About 1 year ago
Reply to the comment left by Ranjeet Sandhu at 31/01/2025 – 07:26
Please see the contact form at the bottom of the article.
Member Since September 2023 - Comments: 157
8:04 AM, 31st January 2025, About 1 year ago
Reply to the comment left by Ranjeet Sandhu at 31/01/2025 – 07:32
You can serve an s8, make sure it includes both grounds for unpaid rent and paying consistently late. Sometimes if you just do unpaid rent they pay up, to keep it just under 2 months arrears, just before the court date and it will fail to be granted.