Serving a Section 21 notice to quit,

edscdk · 15 Sep 2011 at 00:10

So where better to ask for help than on a computer forum!!!

I posted a notice to quit and did the guy a big favour by giving him 2 months notice.

I did not think it would be a bit issue(stupid) anyway he ain't gonna go so I will have to evict him.

I want this done ASAP so can I just give him another notice with an earlier date on? Since he has not quite been there 5 years and his fixed term agreement has expired I only need to give him 28 days.

Ta for any sensible comments!

Dunks · 15 Sep 2011 at 00:19

A favour? Two months is the minimum amount of time iirc!

AFK_Matrix · 15 Sep 2011 at 00:21

Your best bet is to head over to moneysavingexpert.com forum and look in the House Buying, Renting & Selling section. Or a similar type of forum.

dowie · 15 Sep 2011 at 00:21

Why do you want to evict the guy? Do you intend to occupy it yourself? Might be worth looking into whether you'd have PRO status in that case...

edscdk · 15 Sep 2011 at 00:21

Dunks said:
A favour? Two months is the minimum amount of time iirc!

That's what I thought but reading more it's actually 28 days if they have not been there more than 5years and are not still under a fixed term

.Lethal · 15 Sep 2011 at 00:22

edscdk said:
So where better to ask for help than on a computer forum!!!

I posted a notice to quit and did the guy a big favour by giving him 2 months notice.

I did not think it would be a bit issue(stupid) anyway he ain't gonna go so I will have to evict him.

I want this done ASAP so can I just give him another notice with an earlier date on? Since he has not quite been there 5 years and his fixed term agreement has expired I only need to give him 28 days.

Ta for any sensible comments!

You what? You did him a big favour by giving him the minimum amount of time to leave? Do you not realise the minimum is 2 months whether there is a contract or not?

Fair enough you have issues since they haven't left but don't think you've been doing somebody a big favour because you haven't.

edit:

edscdk said:
That's what I thought but reading more it's actually 28 days if they have not been there more than 5years and are not still under a fixed term

That's new to me, I would make sure that is right.

RopAyy · 15 Sep 2011 at 00:31

Reading through some of the articles 2 months is the minimum as i always believe it to be so.

Section 21 of the Housing Act 1988 as amended by the Housing Act 1996 requires that the landlord provides tenants of an Assured Shorthold Tenancy (AST) with a minimum of two months' notice in writing, stating that possession of the property is sought. The two months starts when the tenant receives the notice not when the notice was written/posted.

Read more: http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm#ixzz1XyM8F8lZ

Amnesia · 15 Sep 2011 at 00:31

If he decides not to leave then you must take him to court, you cannot physically remove him yourself. So do your best to convince him to leave.

edscdk · 15 Sep 2011 at 00:36

RopAyy said:
Reading through some of the articles 2 months is the minimum as i always believe it to be so.

Dam, I'll have to see if I can give him a section 8 notice then since he has not paid the rent, hope that's less than 2 months

I did initially read 2 months but then I found a lot of places quoting 28 days ... Obviously I did notread enough or am too stupid to understand...

RopAyy · 15 Sep 2011 at 00:38

Amnesia said:
If he decides not to leave then you must take him to court, you cannot physically remove him yourself. So do your best to convince him to leave.

Yea if you issued a section 21 to quit and after the 2 month period your tenant refuses to leave you will have to appeal for a possession order. Guy at my work had to, said it was pretty painless and as he'd followed proper procedure the court just issued the order.

dowie · 15 Sep 2011 at 00:41

Why do you want to evict the guy?

RopAyy · 15 Sep 2011 at 00:41

edscdk said:
Dam, I'll have to see if I can give him a section 8 notice then since he has not paid the rent, hope that's less than 2 months

I did initially read 2 months but then I found a lot of places quoting 28 days ... Obviously I did notread enough or am too stupid to understand...

How much rent is owed? Section 8 has a shorter eviction time dependant on what the tenant has done to breach.

If they pay monthy and 2 months has been missed you can issue a section 8 and have them out in 2 weeks.

Any who, im no expert, i just had some dealings before with this in the past.

Dunks · 15 Sep 2011 at 00:42

dowie said:
Why do you want to evict the guy?

Maybe the OP just wants his own house back?

dowie · 15 Sep 2011 at 00:43

Amnesia said:
If he decides not to leave then you must take him to court, you cannot physically remove him yourself. So do your best to convince him to leave.

What if you intend to occupy the property yourself - after you've given him 2 months notice with the section 21 notice he's then a squatter surely and as a protected intended occupier you'd be able to simply get an oath and then evict them?

RopAyy · 15 Sep 2011 at 00:46

dowie said:
What if you intend to occupy the property yourself - after you've given him 2 months notice with the section 21 notice he's then a squatter surely and as a protected intended occupier you'd be able to simply get an oath and then evict them?

You'd still have to go through the courts for a possession order to get your property back.
You run the risk of getting yourself either in trouble or be it injured trying to force someone out! Dont forget, he knows where you live!

edscdk · 15 Sep 2011 at 00:51

Dunks said:
Maybe the OP just wants his own house back?

I have helped the guy out for 4 years by letting him pay short and late he is 4 months in arrears. At Xmas I let him pay half rent several years since he was skint. I also let him off the odd months rent

I only intended into scaring him into being a bit more reliable sine I dont really need the money. But his reaction was very aggressive and not at all what I expected.

I just want him out ASAP now.

I have learned me lesson I'll use a proper agent next time

dowie · 15 Sep 2011 at 00:53

RopAyy said:
You'd still have to go through the courts for a possession order to get your property back.
You run the risk of getting yourself either in trouble or be it injured trying to force someone out! Dont forget, he knows where you live!

How come? I'm not explicitly saying you don't but in what situations could he have PIO status then? I'm interested as I might rent my flat out for a year if I go to do a masters and I was assuming that, if squatted, I'd be a protected intended occupier when wanting to re-occupy the flat myself?

.Lethal · 15 Sep 2011 at 00:53

edscdk said:
I have learned me lesson I'll use a proper agent next time

You don't have to go through an agency, just vet the person who is interested. Get past references and get in touch with them, make sure the person has a job that they have been in for at least 2 years etc.

I hope you get you're place back soon, goodluck.

Dunks · 15 Sep 2011 at 00:53

The guy sounds like a bit of a pillock putting up a response like that considering all the slack you've cut him!

.Lethal · 15 Sep 2011 at 00:54

Dunks said:
The guy sounds like a bit of a pillock putting up a response like that considering all the slack you've cut him!

Indeed but to be honest he shouldn't have allowed this in the first place. Alarm bells would have been ringing a long time ago if it was me (or many others I hope).