section 21 notice to vacate

[messycess]

Hi guys i have been given a letter from my landlord to vacate the premises by 9-02-2013.

 

My rent of 525 was due on the 10th of this month but on that date i only had £350 which i paid on the 10th and waited until today (13th) to pay the remaining £175 from housing benefit which was cleared in my account today. I have recently gone down to part time working hours and simply didnt have the money on the 10th.

 

We have been on time with our rent payments for the previous 12 months and find that his action is a bit harsh to say the least being that it was only 3 days late !

 

Is there a legal period of grace for paying rent? The letter states that i have caused him financial penalties (presumably his mortgage) and this is not acceptable. And failure to complete all payments will result in legal action!

 

Any advice please?

 

Thanks in advance

[Michelle Ann]

Can I firstly ask what sort of tenancy agreement you have? I've recently had to deal with a Section 21 in my own household and there are several different types of tenancy agreements such as an shorthold assured which may have some baring.

 

Traditionally, no there is no legal period of grace and in some tenancy's the landlord doesn't even need to give reason to serve notice. My ex-landlord told me he was kicking us out because he want to sell up and didn't. I found that out via miscommunication when a letting agent thought I was the landlord not the tenant and called me.

[messycess]

Hi michelle,

 

it is just a monthly rolling contract at the minute our signed 6 month contract expired 12 months ago and weve just been paying monthly since then.

[Michelle Ann]

Hi michelle,

 

it is just a monthly rolling contract at the minute our signed 6 month contract expired 12 months ago and weve just been paying monthly since then.

 

In all honest, I don't know much about those sort of tenancy's and what the law is regarding serving a section 21.

 

Can I advise this checker from Shelter?

 

http://england.shelter.org.uk/get_advice/downloads_and_tools/eviction_checker

 

If you answer each question matching as close to their situation as possible then it will direct you to the right section of help. It might also be worth calling them. They helped me through each step of my 'experience' and boy was it an experience.

 

Sorry, I can't be more help than that, but as you can imagine, I don't want to give you incorrect information. Good luck though. I managed to force mine right through the courts and lumped all the costs to the landlord for the inconveinance, then sued him for the deposit after he over charged on a few repairs. Bet he wished he hadn't bothered afterwards.

[Lea_HTH]

Your landlord doesn't need a reason to serve a s21 notice, albeit he has given you a reason - that you caused him financial hardship.

 

A landlord can serve a valid s21 notice so long as he has complied with the requirements to do so - which usually comes down to whether or not a deposit has been taken and placed in one of the government schemes. Did you pay a deposit? Have you received the required information from such?

 

You do not have to leave the property by the date the LL has specified, however if you do not and he has to take court action against you to gain a possession order, and then to instruct bailiffs, he will be able to get fixed costs awarded against you at the very least (and perhaps more if your tenancy agreement makes reference to the LL being able to recover costs for any legal action).

 

A validly served s21 notice has no defence in court - and possession will be awarded leaving the judge with discretion only as to how long it will be before the order can be executed (max 42 days).

 

For what it's worth I think the LL is being silly if his genuine reason for serving notice is due to your rent being 3 days late - however, I strongly suspect he is just using that as an excuse, though as I indicated above, he doesn't need one to serve a s21.

[mariner51]

OP. 10/2/13 is the first date LL could apply to the Court for a hearing to obtain a repo order. Given the likely Xmas backlog, the hearing date may be late Feb or March. Judge will normally allow a min 14 days max 42 from fate of granting, before Order can be executed by Bailiffs, possibly giiving you another month's grace. If you intend to leave voluntarily before 9/2/13 or Bailiff visit, you should send your written Notice to Quit to LL to be received (served) by 9th of month and it will expire on the 9th of following month that is the date you 'vacate' the Tenancy (SPT rules).

You can move out 21 days earlier, but you remain liable for rent and property security (burst water pipes etc) until NTQ expiry date of 9th.

Some may question the need to give NTQ after a s21 received, but s21 is only notice of prob intent to apply for a repo order at some time after s21 expiry. A LL cannot serve a NTQ on T!

If you leave before 9/2/13, the LL should really still proceed with Court repo to gain possession if he has not received a valid T NTQ. In which situation he is likely to ask for Court to award Court costs against you (£175).

If you wait for Bailiffs to be appointed this will add £100.

 

Can you answers Lea_HTH deposit question. Did you pay a deposit at any time and did you receive the 'required info' by 5 May 2012? Your answer is important.

[messycess]

Hi guys,

 

Yes i did pay a deposit of 525 (1 months rent) on the day i moved in (10th july 2011). What do you mean by "required info" ???

[mariner51]

'required' or 'precribed info' is the stat info LL must have provided to current post Apr 2007 Ts since 5 May 12 as part of the deposit protection requirements. Such info need only to have been posted First Class to be deemed served 2 working days later. If Court decides stat required info not provided, then current s21 should be declared imvalid and LL would have to re-issue (min 2 month delay)