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Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.
Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.
Could you please confirm if your family ( tenants) share that house with the Landlords?
Since when the rent payment has not been paid?
Could you confirm the date , eviction notice was served on them?
Thank you for your reply.
Your notice for eviction was valid for both the times. I assume section 21 notice has been served to the tenants.
You have to act on the last notice served 23rd July, and if on the expiry of the notice period on 23rd Oct , your tenants fails to leave , then you would have to get possession orders from the court.
Yes. You need to serve eviction notice under 21 Housing Act, on that basis an application for possession can be made in the court. In the absence of valid notice , unfortunately you can not move to court for getting possession orders.
Please find attached section 21 notice template
After 28Th Aug, the requirement for eviction notice has gone up to 6 months , due to COVID 19.
Please click on the below webpage for further information on section 21 notice-
Thank you and all the best.
Yes, a section 21 notice, Landlords are required to serve on their tenants for evicting them.
There is no legal requirement for having a written tenancy agreement . Agreement can be verbal, implied or confirmed by the conduct of the parties.
If the tenant fails to move out at the expiry of your notice on 23rd Oct , then you would not be able to move to court for eviction orders.
Section 21 would be invalid if there is no gas safety certificate.
They would not be squatters, as you have given them the access to the property and were paying rent , they are your tenants.
You should try to settle it amicably out of court, and negotiate the eviction mutually with them,
If you take them to the court for eviction, when as you said there is no gas safety and things been frosty, no proper heating , then you can be in trouble as a Landlord you were not meeting your statutory repair obligations.
It would be better for both sides if they settle it within themselves , without involving other authorities and court.
A section 21 notice can be invalid if you have failed to give your tenant a current copy of the following documents:
Once supplied these docs, you can issue a section 21 notice, however currently you would need 6 months notice period to the tenants.
Many thanks and all the best.