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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex I rent out a house by rooms It does not need a HMO as it was rented before the l

Customer Question

hi Alex
I rent out a house by rooms
It does not need a HMO as it was rented before the law came in. this has been confirmed by my council.
The tenant moved in 6 weeks ago. paid one weeks rent 2 weeks deposit which we didn't secure and he hasn't paid since.
we didn't do an agreement just a weekly rent book.
We understand we have to give back to him the 2 weeks deposit which we will get him to sign for but how is it before we can serv a section 21 on him please.
Thank you
Christine Landlady
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello and thanks for asking for me.
Just so I am clear why do you need to serve a section 21?
Customer: replied 2 years ago.

Hi Alex because he has been fighting in house and upset other tenants and not paid rent.

Expert:  Ash replied 2 years ago.
Ok, what was the minimum term, is he in that?
Customer: replied 2 years ago.

Usually do assured tenancy for six months but can't find his copy so might not of got him to sign one

Expert:  Ash replied 2 years ago.
You can serve a section 21 either by post or by hand. It does not matter how - by post is fine but service is classed as 2 working days after first class posting. It makes no difference whether he has signed anything or not, it is still valid.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Please can you clarify.

If I cannot find his agreement can I still serve a section 21 on him?

and how would the judge know how long he has been there. Is it the tenants word against mine.

Thank you

Christine

Expert:  Ash replied 2 years ago.
If it would be the equivalent of a HMO then you need a section 21. It makes no difference whether you have the agreement or not a section 21 is still needed.
As long as he has been there over 6 months that is all you need.
Does that help?
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Ok thank you

Alex can you answer me:

1) If I serve section 21 on tenant and date it saturday 12th September and post it 1st class that day WHAT DATE WOULD I NEED POSSESSION OF MY PROPERTY .

(Does the date of possession allow for posting time?)

I want to get this right so I can take them to court if necessary.

Dont want it to be thrown out of court for incorrect date

2) The tenant has NOW CONVENIENTLY lost his rent book. So I do not have date he moved in. Can I presume he has been there six months

3) If I have to go to court for possession , How will the judge know when he moved in if we dont have any agreement and the tenant does not attend the court hearing.?

Thank you

Christine

Expert:  Ash replied 2 years ago.
It would be 2 working days after posting first class. Yes you can presume he has been there 6 months. You can show income for the period hopefully.
Does that help?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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