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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have served a tenant who is living in my house two months'

Customer Question

I have served a tenant who is living in my house two months' notice under section 21. I am not certain that the letter I have sent them is completely correct and would stand up in a court of law. If it won't stand up I will have to give him a further two months notice and I have already been homeless for 3 months. He is just going to stay put because he is now trying to get a council house so I need to go for an accelerated possession order. I need to know if this letter has the correct wording in it, the local council have accepted it but I'm not sure that a judge would.
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.

You just want to know if you can serve a second S.21 notice, is that right?

Customer: replied 2 months ago.
I want to know if my original letter is worded correctly. I don't want to give the tenant any longer than he has already had as I have nowhere to live myself til he leaves my house and as he is applying for a council house he will just stay there until I get a court order.
Expert:  Jamie-Law replied 2 months ago.

You can get a free template here;

https://www.lawdepot.co.uk/contracts/section_21_notice/?ldcn=landing21

The Council are correct, they wont do anything unless there is a Court order for possession.

There is another template here:

https://www.tenancyagreementservice.co.uk/section-21-notice-to-quit

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
This doesn't help me. I know what it should say, but I've not worded it exactly as it should be. I have worded it "Please take this letter as two months' notice from 20/7/16 that I require you to leave my property which you are currently living in at....." I've not actually specified that they need to be out on 20/9/16.
I can't see that there is any doubt about the leaving date, but I am not certain that a judge would see that. Also I didn't know if I had to mention the Section 21 in the letter?
Expert:  Jamie-Law replied 2 months ago.

Ah, you need to specify a date.

So yes, you need to put the date they need to leave by.

For the avoidance of doubt I would re-serve the notice. A S.21 must include:

  • Obviously, it must be written that this is a section 21, in it’s correct variation (more below), under the Housing Act of 1988.
  • It must be in writing. The only notice to quit that can be “served” verbally, is when renters are lodging. They live with their landlords and share communal areas.
  • There must be a start date and end date. The landlord should always provide a minimum of two months between the dates. If the tenancy runs on a weekly basis there must be a notice period of eight weeks.
  • It will be valid for 12 months from the end date. When they expire, the landlord must serve a new section 21, before they go to court.

Can I clarify anything for you about this date please?

Customer: replied 2 months ago.
Ok. It'll mean my house will be repossessed if I have to give him a further two months and I don't know where I'm going to end up living. The guy is wrecking my garden, upsetting the neighbours and is not paying his rent on time....saying he'll pay it when he chooses.
Expert:  Jamie-Law replied 2 months ago.

Sadly you cant get a possession order UNLESS you have the requirements of the S.21 notice.

The court will dismiss your possession application and you will have to start all over again

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
No, it's ok, he's just finished me. He knows how to work the system and I'll end up losing my home because of him....the law does absolutely nothing to protect people who have worked hard to get anything.
Expert:  Jamie-Law replied 2 months ago.

I'm sorry but the S.21 requirements are law.

Can I help with anything else today?

Customer: replied 2 months ago.
No. That's all. Thank you
Expert:  Jamie-Law replied 2 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance!

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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