Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Sadly you do need to serve a Section 21 notice.
I can also say that If they signed a tenancy agreement on 14th August 2013 and that is their billing period, a Section 21 notice to quit gives them 2 months notice from the date of the next billing period
For example, if you had given notice BY 14th June 2014 then the 2 months would have started then and they would have needed to leave by 14th August.
However as you gave notice on 24th June, it does not take effect until 14th July, which means they would have to leave by 14th September.
However you do need to serve a section 21 notice
A template can be found here:
This the email I have given them, this would not serve as notice under Section 21?
Sent: Tuesday, 24 June, 2014 9:42:26 PMSubject: rental contract
Hope all is well. I just wanted to get in touch to let you know that we will be returning to England at the end of August and therefore we will not be renewing the rental contract for our*****Road property, when it expires on the 14 August 2014.
I hope this does not create too much of an issue for you and I am sorry if you wanted to stay longer. Either myself or my husband will come to London for the keys and to ensure all is in order before we return your deposit.
Do let me know if you have any questions.
All the best
Does it say it is a Section 21 notice
However you can serve a Section 8 notice in terms of the arrears
Well, no, but it was acknowledges by the tenant
If they are paying late all the time or are 2 months in arrears then you can serve a notice and seek possession.
Here is their initial answer
Even if the email was acknowleged by the tenant it is not a section 21 notice as required by law
You need to serve a proper Section 21 notice, you are required to give them at least 2 months notice
On 1 Jul 2014, at 18:22, Jade wrote:
Hello, Apologies for the late reply. I have been working on a major project which has taken me out the office on most days. My email address is working fine (I think you’ve had the wrong email address – YYYYYYY) My phone (YYYYYY) is broken and my replacement has been lost, best form of communication at the moment is via email (I am on another placement week commencing 7th July – 18th July, where I may have less access to my emails) Since my account was tapped into in March I have been manually adding in the rent each month not sure how that has happened I will add £480 as soon as. As soon as I have a move out date I will let you know, it’s obviously not an easy task to arrange especially as the children have really settled into the area and school. Jade
In law they are obliged to have 2 months from the next billing date the notice was served
You have not complied with that
I see. And can a Section 21 notice be served by email?
It can yes as long as it complies with the wording AND you can confirm it has been received
Otherwise 1st class post
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?
Yes please - is the option of Section 8 giving me better chances?
They are at the end of the agreement so a S.21 is fine
You just have to sit tight for 2 months
Trouble is that I am an international civil servant, and I am returning home at the end of Aug. If they don't move out I woun't have a place to stay
If you tried to issue for arrears it would take 6 weeks to even get a Court date and that is after you allow them 4 weeks to remedy, so there is 10 weeks before you even get to Court
Problem is you have not complied with the law
Sorry about typos, unfamiliar keyboard :)
You need 2 months notice prior to the rental date
Can I clarify anything else?
One other thing, the contract is supposed to end on Aug 14,
Shouldn't the tenants leave unless the contract is extended? how can they stay after that period?
It turns into a periodic monthly rolling tenancy
So no, not unless you served a S.21 earlier
I am sorry but I have to tell you the legal position
That's OK. What do I need to do after serving the S21 notice - If I send it to them tomorrow, when it will kick in?
Sadly you need to stay in a hotel or friends from August because the notice was defective.
If you serve it tomorrow it takes effect from 14th July
They have to be out by 14th September
Can I help with anything else for you?
Yes, after serving the notice, what do I need to do?
They just need to move out
And if they don't?
You issue proceedings for possession
What I am trying to understand is how long I might need to be on temporary accomodation?
Depends if they move out
If they do middle September
If they dont they could drag it out for another 2 months
Also if they keep running behind with their rent after serving notice under Section21, what can I do?
Section 8 notice and then if they dont pay up within 28 days you can issue proceedings for possession
Via the link above
and if they don't move out, what happens to their deposit?
You can ask the Judge for an Order it is paid to you
Sorry but just to be clear - let's say I have issued notice under 21. After that they don't pay the full rent, I issue another notice under 8? Does it bring any benefits?
Not really, just different grounds for possession
Section 8 is for when early in the term
Between the two grounds for possession, is there one that is treated with more weght or priority by the court?
They have either breached the lease or stayed beyond their term
Either way a Judge is likely to give possession
One more thing - to serve the notice, which is the best way, to give it in person, or signed for letter or other?
1st class not recorded but get proof of posting.
Or drop it through the door yourself
does that help?
If I drop it through the door myself, can it be proven?
If there is any doubt you provide a statement to the Court saying you have done so
Its not an issue
I see. Thank you.
If this answers your question might I invite you to rate my answrr
* answer *
If the system wont let you please do say
If you need more help please click reply
I had a look at the template, it states
which you hold as tenants on the (Date): 08/07/2014
This date is the current date, or which one should it be please?
Sorry but I am not suer I understand then the next sentence in the notice
I/We as your landlord give you notice by virtue of Section 21 of the Housing Act 1988 that I/we require possession of the dwelling house known as: (Address)
Or at the end of the period of your tenancy which will end next after the expiration of two months from the date of service of this notice
They are tenants as of today
Which is why it is todays date
but why does it say OR after that?
Essentially what I am asking is what is the date I should put on the section 21 notice in order to be in sync with my contract dates?