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
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Member Since October 2020 - Comments: 1177
8:57 AM, 31st January 2025, About 1 year ago
Reply to the comment left by Jonathan Willis at 30/01/2025 – 21:05
Yes, the tenant may have changed the locks or may refuse access, but if the do neither of these things the landlord may exercise his statutory right to inspect the property by letting themselves in, whilst of course calling out loudly when doing so.
Member Since October 2013 - Comments: 1642 - Articles: 3
10:38 AM, 31st January 2025, About 1 year ago
Reply to the comment left by Ranjeet Sandhu at 31/01/2025 – 07:32
Yes, but I can’t see any advantage for doing so. S21 can’t be challenged because there is no fault. S8 can and definitely will be challenged, because the tenant has nothing to lose. They are separate procedures, but both will end up in court. I used S8, but on reflection, I should have used S21 immediately, rather than wait for 6 months arrears.
Member Since September 2023 - Comments: 157
10:44 AM, 31st January 2025, About 1 year ago
Reply to the comment left by NewYorkie at 31/01/2025 – 10:38
S21 can be challenged. Yes they are “no fault”, but there is alot of reasons that make an s21 invalid.
You need evidence that all the relevant paperwork was served correctly (gas saftey certs, electrical certificate, right to rent, deposit protection prescribed information, no improvement notice within last 6 months, minimum notice, correct form 6a, which is signed and dated). And probably a few others.
Member Since October 2013 - Comments: 1642 - Articles: 3
11:21 AM, 31st January 2025, About 1 year ago
Reply to the comment left by Jonathan Willis at 31/01/2025 – 10:44
I was assuming the S21 would be valid.
Member Since April 2017 - Comments: 19
8:28 AM, 12th February 2025, About 1 year ago
You will also need the gas safety cert for when the tenant moved into the property for the section 21 to be valid, even if it was years ago.