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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7721
Experience:  Solicitor
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I need some confirmation on whether I have served the

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I need some confirmation on whether I have served the correct notice for possession and whether or not it is still valid as it was served in January to expire 31 March , thank you

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Can you please explain your situation a little more?

Customer: replied 3 months ago.
Hi Jamie, I am helping a friend of mine gain possession of their property they currently have let. I served notice on the 10th January 2018 to expire on 31st March 2018 as the tenants rent due date was the 1st of every month.
Firstly, I'd like to know, as it's now the 14th May 2018, is it too late to start court action using the section 21 that was served earlier, or does the process have to be started again?
Also I'd like to send you the section 21 notice and cover letter to confirm whether is was served correctly.
And lastly, if all was served correctly and there is still time to proceed with court action, is it necessary to give the tenant a further letter to let them know court action is about to commence and the repercussions of this etc.
Kind Regards

Is the deposit protected, EPC certificate, how to rent book given etc?

Customer: replied 3 months ago.
as far as I'm aware, they've been tenants for around 10 years

Why has the prescribed form not been served?

Customer: replied 3 months ago.
im not sure what the prescribed form is? I just downloaded what seemed to be the correct notice from law depot.co.uk
Does this mean it is not valid?

Ok, if they have been there 10years then you are ok. If it was after 30 Sept 15 it needs to be a specific form.

If you served notice on 10th jan then it’s valid from 1st feb and expires 31st March.

The notice is valid for 6 months. So you are ok to start eviction proceedings.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 3 months ago.
lastly if the tenancy was renewed on November 2016 does this then require the specific form or is only the initial tenancy commencement date relevant?
Also, is it necessary to give the tenant a further letter to let them know court action is about to commence and the repercussions of this etc.?

They need the new notice. They renewed after the rules came in

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/515658/Form_6A_INTERACTIVE_FINAL_Possession_property.pdf

The existing one is not valid. You need to start again.

Does that clarify?

Customer: replied 3 months ago.
this does indeed clarify thank you

Great. Can I help with anything else today?

Customer: replied 3 months ago.
After the notice expires, is it necessary to give the tenant a further letter to let them know court action is about to commence?

No. Does that assist?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 months ago.
that’s all thank you