Help! Claim for Accelerated possession claim got struck out, problem with S21 notice

[mohi]

I desperately need advise here.

I served a s21 notice to the tenant before the expiry of the tenancy (assured shorthold). The tenant did nothing. Then brought a claim after the expiry of s21 (2months+). The claim is now struck out. The order says:
Quote "
1. the claim be struck out as it discloses no reasonable ground for bringing the claim.
The reason for this order is:
the s21 notice does not comply with s21(4)(a) housing act 1988 in that it is not expected to expire after the last day of a period of the tenancy not less than 2 months from service, 11 november 2007 was not the last day of a period of the tenancy.
2. if the claimant considers this order ought not to have made, the claimant may apply to restore claim with 28 days of service of this order upon him. " unquote

I dont know what to do now. The tenant has no regards to this claim. He has not put up a defence. He has not paid rent for over 3 months. the tenancy agreement has now expired, so it is periodic tenancy now, i guess. What can I do? Your advise is appreciated.

Regards, Mohi

[MrShed]

I dont really understand the question. However, can you clarify the following:

- When did the tenant originally move in.
- What was the fixed term of the tenancy, and what was the date this ended.
- When(what date) did you serve the notice, and how was it served.
- What date did you give on the notice as date of being served, and what was the date of expiry of the notice.

[mohi]

Sorry, I left the documents at the office. I will re-post if this is incorrect.
Tenents moved in April 08 2007. 6 months AST. Served s21 notice in 12 September 2007 which expired on 11th Nov 2007. Brought a claim at local county court when there was no response from the tenant. No rent has been paid since sep 2007. Thank you.

[MrShed]

Was it to expire ON or AFTER the 11th of November? And was it served by post or in person? If post, what date was it sent?

By the way, you need to serve another one ASAP, as the questions above are almost academic - it is just to ascertain whether the court was right to reject it. Serve one like today to expire AFTER April 7th 2008.

[21stcentury]

Also serve on a Section 8 notice. do them both at the same time

[demon_x_slash]

Is their deposit protected in one of the Tenancy Deposit Schemes? I note that their tenancy started on April 8th 2007. This means that if their deposit is not protected in a TDS, as it legally has to be, then notice alone cannot evict them.

[Aequitas]

The problem seems to be here that you served a notice under section 21 (4) (a) when you ought to have served it under 21 (1).

[Josie8]

sub

[Steve__M]

Originally Posted by mohi

Sorry, I left the documents at the office. I will re-post if this is incorrect.
Tenents moved in April 08 2007. 6 months AST. Served s21 notice in 12 September 2007 which expired on 11th Nov 2007. Brought a claim at local county court when there was no response from the tenant. No rent has been paid since sep 2007. Thank you.

Can the OP confirm that he served it under section 21(4)? If so, it was doubly wrong as not only is the end date not an end of rental period (7th of month) but it was also served before the tenancy became periodic (it would become periodic on October 8th - 6 months after April 8th)

If he had served it under section 21(1)b, then the notice would have been correct (I think).

Question: Do you have to explicitly state "Section 21(1)b" or would "Section 21" do?

[MrShed]

I always thought that although there was certain information needed with a S21 notice, it did not need to be a prescribed form. Which would make the fact that it has been thrown out on a technicality(and not a technicality which affects the tenant, such as an incorrect date) somewhat "off", in my opinion.

[Aequitas]

Originally Posted by MrShed

I always thought that although there was certain information needed with a S21 notice, it did not need to be a prescribed form. Which would make the fact that it has been thrown out on a technicality(and not a technicality which affects the tenant, such as an incorrect date) somewhat "off", in my opinion.

I think you may have a point.

[mohi]

Thank you for your help. To make the story short, the property was taken away by a court order (Mags) by the police following class A drug was found. I am not sure whether the property contained drug or the people had something to do with drugs. But anyway, no one is to live at the property for 3 months and this 3 months is expiring soon.

The police initially advised me to start possession claim, but now they have handed me the property (the key). The tenant has not paid any rent for 4 months now(I think original tenant sub-let the property to drug dealers (Accused)).

I have gone into the property to see there are still number of items left by the "tenants", even though the police have told me that the tenants have taken everything. I have sent a text to the tenant last week saying that they must contact me within next 7 days to arrange to clear all items from house. I do not want to get into trouble with anyone especially law. Can I dump these item and clean out the house and re-rent it? Please advise if you know. Thanks.

[Steve__M]

mohi, I think we're all still curious. Did your claim for possession state which section and subsection of the law you were using?

[Esio Trot]

Originally Posted by mohi

Thank you for your help. To make the story short, the property was taken away by a court order (Mags) by the police following class A drug was found. I am not sure whether the property contained drug or the people had something to do with drugs. But anyway, no one is to live at the property for 3 months and this 3 months is expiring soon.

The police initially advised me to start possession claim, but now they have handed me the property (the key) ...

I think the simplest way forward will be to start abandonment procedures.

Presumably you can substantiate the above from whatever constable(s) were dealing with the case.

Thus, change the locks and display a 14 day notice near to, or visible from, the main entrance asking anyone claiming residency to make contact (it is important to have the posting of this notice independently witnessed - maybe the locksmith can do this.

This is a small risk of an action for unlawful eviction, but in view of the passage of time already plus your documented abandonment procedure, you will be seen to have "acted reasonably" so any action would certainly fail.