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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I have a tennant who i served a section 21 with and he

Customer Question

i have a tennant who i served a section 21 with and he should of left in April - and he is still there - the problem is the tennant has all the tennancy agreements and is playing a game of not moving out - I notified him in Nov 19 to say I was selling my house and after that was sold I would be selling the flat. He has not had a tennancy agreement for almost two years what can i do to get him out
JA: Where are you? It matters because laws vary by location.
Customer: im currently living in Essex
JA: What steps have you taken so far?
Customer: i wrote him a letter in November 19 to give hime notice, and I served him with a section 21 in october last year and that ended in April of this year
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i didn't do a right to rent before he moved in and I did't do a gas certificate every year
Submitted: 18 days ago.
Category: Law
Customer: replied 18 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 18 days ago.
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Expert:  Stuart J replied 18 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Did you protect his deposit?

and he is using the missing mandatory paperwork to stay put?

Customer: replied 18 days ago.
no i did not ask for a deposit - he is playing a game and saying that he is looking for private rentals as the council have said they will not re-house him until i take him to court ( i strongly suspect that he is paying cheap rent he has no intention to leave) - I have never increased his rent in over 10 years
Expert:  Stuart J replied 18 days ago.

Be mindful that a section 21 notice expires after 12 months.

If he’s not leaving, then you have no option but to take him to court which you do using court for N5B

If you have given him the renting in England booklet and the gas safety certificate, then your notice is invalid and you are back to square one.

Any notice must be in the statutory format in writing.

The notice period originally was 2 months under section 21 and it could be as low as 2 weeks under section 8 but it changed to 3 months on 25 March last year and to 6 months on the 31st of June last year.

From , 1 June 2021, those notice periods are now generally 4 months.

However certain notice periods are shorter such as rent arrears but there have to be far more rent arrears now than there were before.  It used to be 2 months, no wit is 6 months.  So it appears to be more favourable to the landlord but in actual fact it isn’t.

The government have produced this webpage on exactly this subject:

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices

The notice period should come back to 2 months at the end of this month but we don’t yet know.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards