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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9870
Experience:  I have been practising for 30 years.
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I own a house which i have to sell as i am about to be

Customer Question

i own a house which i have to sell as i am about to be divorced,in feb 2017 i went to see the tenant and told her of my circumstances and handed her a letter giving her three months notice to be out of the house by june 8th,she hasnt done anything about moving, her tenancy agreement expires on the 31st August 2017,when can i issue a section 21 to her ,her rent has been paid by the council.
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Thank you for your question - she should have left the house on this June on 8th or by 31st August?

Customer: replied 6 months ago.
when can i issue a section 21 to her and what happens after that.
Customer: replied 6 months ago.
i have already paid £42 i cannot afford any more ,i htougt i would get good sound advise for that
Expert:  F E Smith replied 6 months ago.

You don’t need to accept the telephone call. The offer comes out automatically. You can take it up you wish or just leave it.

The letter that you gave her is of no legal effect other than to give her a little bit of prior notice/warning that you will be giving her official notice in the form of a section 21 notice at some stage in the future.

You cannot issue a section 21 notice in the first 4 months of the tenancy. Up until October 2015, you could serve it at any time but the law changed. Incidentally, it doesn’t apply if the tenancy is in Wales and you can still serve a section 21 at any time provided (applies in England and Wales) it doesn’t expire before the end of the fixed term.

You have to give her 2 months notice and it must include 2 rental periods and if the notice is one day out, it will be rejected if this gets to court and you will have to start again from day one. For that reason, if you don’t want to potentially fall foul, I would suggest that you gave 3 months notice which you cannot give until the end of the fourth month of the tenancy. You can give 2 months notice if you can work the dates out properly as you see here on page 2. If you think it’s complicated, yes, it is which is why at least 50% of section 21 notices are defective.

Here are some notes on serve in section 21 notices and the dates required:

http://www.landlordzone.co.uk/pdf/servingS21.pdf

If she doesn’t move out on the allotted date you then issue court proceedings using form N5B.

https://formfinder.hmctsformfinder.justice.gov.uk/n005b-eng.pdf

if it all goes according to plan, you will then get an order for possession.

If she still doesn’t move out, you make a further application for a warrant for possession using this form:

https://formfinder.hmctsformfinder.justice.gov.uk/n325-eng.pdf

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.