I'm trying to buy and move into a high rental area half of the occupants need serving a section 21 before the landlord can sell. Thank you for explaining their rights to me
Amazing info thanks to this video I've discovered my landlords section 21 notice is invalid on 5 counts layed out in this video 😊 Amazing help for tenants aswell as landlords
You find that more than likely there's a mistake on the notice as the forms are hard to get right but don't tell them and string them along until you get told that the notice is invalid when they apply to court giving you more time to find somewhere else!
Great video. Wonder if you could advise though regarding the day the section 21 is served. If this falls on a Saturday, should the serving date be made Monday as this is the next "working day", or doesn't it matter?
My landlord has just given served me a section 21 because I asked him for a reference as I intended to move out. I have not yet given him my notice . My deposit was more than 5 times my rent when I signed the tenancy agreement. Does he have to give me my deposit back before I move out ?
Oh hi, Iv been given a section 173. I requested him to do repairs on the floorboards upstairs. Then it came through the post. I have never missed rent, kept the flat mint, paid £500. For fitted blinds. The man who lives upstairs who has damaged the floorboards is 25 stone! He has told me this. I'm now homeless for being a good tennant. There is few homes left because there are millions of immigrants that have been aloud to illegally enter. It doesn't pay to be honest and treat my home or land lord respectfully. So whilst you are clear and confident about how the landlord should cover himself. Tell me what and where to go for help. A section 21 has now changed to a section 173. Also the section 173 had no stamp on the envelope... can you help me with that?
Hi Jen nana777, Thank you very much for watching and for taking the time to drop a comment, My best advise would be to contact your local citizens advice bureau they will be able to best advise on what to do. Good luck and thanks again for watching.
@suerowe53 got the same problem with CAB they don't answer. Check any insurance policies you hold (Home/Union etc) to see if they cover free legal advice. I found my Union membership covers me for free initial 30min legal advice.
Hi Omar, Thanks for watching and for dropping a comment. I suggest seeking legal advise from an eviction specialist before proceeding. Its important to get things right before you issue the notice. I hope it works out for you
I have a tenant who’s in arrears of 6 months and in breach of contract by smoking in the house (have 2 witness statements as proof) . Gave him all documents but he’s telling the council he never received it anything. I have copies of current gas safety, EPC and the how to rent guide given to the tenant however the EICR (which is due to run out in 24 months) I’ve also lost. Tried contacting the electrician who done the test for me but no luck. Is it advisable to get a fresh EICR done for the property before serving section 8 and 21?
Hi Jem, If you’ve not yet served the notice then I would advise getting all paperwork and evidence in order prior to serving. It’ll just eliminate the risk of having to start again further into the process. Thanks for watching and for taking the time to drop a comment
Hi, I have seen your video, need help in applying to courts. I have now done the section 21 and now the 2 months has elapsed. Which form do I now complete to evict the tenant via courts. I don't want to claim any rent arrears.
The Notice is invalid. You are also entitled to have your deposit returned to you in full and the court will also award you three time your deposit as fine. So for example if your deposit was lets say £500.00, then you will be awarded £2000.00. The Landlord might offer to return your deposit. If he does that and you accept it, then the Notice will be valid.
Hi David, If you would have taken a deposit then it should have been registered. If you’ve not taken a deposit and the tenants can’t produce anything to suggest otherwise then there is nothing to prove. Thanks very much for watching and for taking the time to drop a comment.
My partner and I have not had our tenancy renewed because we fed pigeons. We were told not to, we stopped feeding them but we've lost our home. Disgusting.
@new2property great video. when serving a sec 21, With assured Assured Shorthold Tenancy agreements that have been renewed yearly, how far back do we have to print duplicates and serve, is the last 3-years ok? presumably if they have rented for 10+ years you would have to print all 10-years? Let me know
You will just need the most recent AST, if you have issues and had the tenants sign a new contract than it’s just the most recent you’ll be required to produce. Thanks for watching
Hi Joao, Thanks for watching and for taking the time to drop a comment. You can just serve the notice as you would if the tenants were still on their fixed term period. I hope this helps
Being a renter and a landlord, i can quite neutrally say this, the more tenants F landlords about, the higher rents get, and the harder it is to even rent to begin with. As a renter, if you don't like your situation, ideally picking up and moving would have been better than as a collective, Effing the Landlord over one way or another. It didn't help involving big brother into it to try and stick it to the landlord, cos ultimately your rents went up skyrocketing and your income, guess what, DIDN'T. Meanwhile a lot of the landlords rode the harsh waves and reacted equally. So yeah, my personal lesson from all this... If you don't like something, walk away, it never helps getting vidictive.
can you confirm that if the section 21 (this was done by a legal firm) has been served and that I'm now going to court should i have any legal representation? The tenant has known that I've been trying to sell the property for over 12 months, I offered the tenant first offer, but they didn't meet the valuations ( I had 3 separate estate agents value the property). We are now going to court as a result. any advice would be greatly received
Hi Gethin, Thanks for watching and for dropping a comment, yes I would advise you have legal representation when you attend court, the company that you used to issue the notice should have this service available.
Hi, thanks for a very informative video. Do you need a Form 6A to accompany a Section 21(a) notice or are they seperate forms? I issued a S21 4 months ago but now I am being asked by the tenant for a 6A Form. Any help would be appreciated.
Did you do it through high court or county court hence the long wait perhaps? Also were you able to get a accelerated possession order? Would love to know as about to serve 2 stubborn tenants myself
Section 21 is a violation and fingers crossed the next government will kick it into touch. Have lived in the same house for 14 years and never paid rent late. Furthermore, we have looked after the property and kept it in excellent condition. We know the landlord, and he wants his son (who doesn’t have a job) to move in; section 21 given. We are not at fault, but I can almost guarantee that there will be replies to this comment showing support for the landlord.
Hi Alex, From my experience a solicitor wants to be forearmed and prepared so I have been asked for the paperwork every-time. No harm in providing one as they are required anyway.
@@new2property If an electrical report is not given to a tenant before they move in (or within 28 days of a renewal of a report) does it prevent a Section 21 notice from be served? No, this won't be the case under these regulations. As per NRLA
In a similar situation myself, both I and the tenant have lost EICR and electrician who gave it to me is nowhere to be seen. Tenant is in 6 months arrears and as of yesterday, smokes in the property and has been put under ‘breathing’
Thank you for the video. What if I am homeless and need to live to return to my property, which currently houses a temporary Council tenant? The contract with the tenant is with a real estate agent who manages my property.
Hi Cynthia, Thanks for watching and for dropping a comment I suggest you connect with the council who are housing a tenant in your property and with the agent managing it to see what your options are. I hope you get it sorted.
Thank you for this informative content. Is an email s21 notice still valid while on contract is stated that only written notice sent by post or left at the property is deemed ??
Hi Nan_nce, If your contract states that notice must be served via post or in person then it would be best to follow the contract to stop any issues occurring later down the line. Thanks for watching and for dropping a comment.
@@new2property thanks for your reply. Landlord sent me s21 through email which is not stated on the contract. Also gas certificate was received only 4 years ago at the beginning of the first fixed term. Never received gas certificate on the next 3 fixed term renewals nor along with the s21 notice. Can those two make the s21 notice invalid ??
Sir, i realize that you may not be a legal advisor .......i just wondered how a tenant will FAIR if their so called AST has already been observed by a court to be an IINVALID AST.... ....in other words.......... a court has already been made aware that the tenant was forced to sign an invalid AST.... .....it was .invalid because at the SIGNING TIME the tenant verbally signalled to the Landlord that the AST contained UNTRUTHES....... (........... the AST stated "furnished" when the place is not furnished) However, the Landlord still forced the tenant to sign the AST........without ammending the ast beforhand........ The court has already recognised the above situation & is in favor of the tenant. .......i would imagine that the above situation is NOT GOOD for the landlord ....... NORMALLY with such discrepancies as above, the situation may fall back to a VERBAL AST condition.......bieng the default state. However, with a landlord knowingly breaching the AST SIGNING i don't think the discrepancy defaults back to a VERBAL .AST...........i think it may indeed mean that ZERO CONTRACT exists. Therefor , for that Landord, the court won't be in any type of position to honour him with SEC 21's notices to the tenant...... Not to mention the fact that SEC 21.s are due to be abondoned in 15 months time............ yet with COVID backlogs in LONDON even a genuine sec 21 is currently taking 14 months before a tenant leaves......regardless. i would love your opinion
I am a Landlord. My understanding of the "Miscalculation of a Notice period" can be overcome by using the following sentence after the expiry date - "OR THE LAST DAY OF A PERIOD OF THE TENANCY NEXT OCCURRING". You can add this into any Section 21 notice and it may have to be pointed out to a judge in the event that it goes to court should their be a miscalculation of a period notice.
Dodgy landlords are more of a problem than tenants. Living here 7 years, never missed a rent payment. Have to live in substandard conditions. Cost of rent is ridiculous. I think tenants are getting screwed over with no support for their circumstances.
Hi, Thanks for watching and for dropping a comment. I don’t understand why you would stay in a property that you are not happy with for 7 years, why wouldn’t you just move onto a better kept property with a more attentive landlord?
@@new2property Hi, thank for your comment. I lived here seven years because I live in Islington, and it’s the cheapest you’ll find in this area. We have a huge garden, and the location is very good. My part of the complex is neglected, but the basement area is shocking, and shared bathrooms are disgusting. I have mine self contained, otherwise I would have left sooner. I have health issues, and convenience outweighs everything else. Doesn’t excuse all the lies and abandonment of duties. Now they are kicking everyone out to house refugees. Some not quite right with that. There’s nothing out there that’s comparative I’m price. Inflation, cost of living and life in general is a challenge, and sacrifices are inevitable.
😮As a landlord I strongly disagree with that blanket statement about tenants and landlords. The courts protect tenants no one helps the landlords, I dont know of, or ever heard of a tenant losing thousands because of a bad landlord . Tenants are appreciative when they get accommodation but have no problem forcing the landlord to get to eviction point with all the expense and stress before they are prepared to move out
@@michaelbennett9127it's the cheapest because of it's condition, it's very very expensive as is the landlords mortgage because of it's location. The migrations are there because of the failures of the government and they are offering us landlords alot of money to house migrants. You should be blaming the government not the landlords, your landlord is probably not making much money at all
I'm trying to buy and move into a high rental area half of the occupants need serving a section 21 before the landlord can sell. Thank you for explaining their rights to me
Great video! Exceedingly clear and informative! Thanks.
Do I still need to pay rent for the month I was issued with eviction notice ?
Amazing info thanks to this video I've discovered my landlords section 21 notice is invalid on 5 counts layed out in this video 😊 Amazing help for tenants aswell as landlords
You are welcome.
I’m glad it helped.
Thanks for watching and for dropping a comment.
@@new2property
No thank you for what your doing 😁 I have subscribed now and I look forward to viewing more of your content
You find that more than likely there's a mistake on the notice as the forms are hard to get right but don't tell them and string them along until you get told that the notice is invalid when they apply to court giving you more time to find somewhere else!
Great video. Wonder if you could advise though regarding the day the section 21 is served. If this falls on a Saturday, should the serving date be made Monday as this is the next "working day", or doesn't it matter?
My landlord has just given served me a section 21 because I asked him for a reference as I intended to move out. I have not yet given him my notice . My deposit was more than 5 times my rent when I signed the tenancy agreement. Does he have to give me my deposit back before I move out ?
Oh hi, Iv been given a section 173. I requested him to do repairs on the floorboards upstairs. Then it came through the post. I have never missed rent, kept the flat mint, paid £500. For fitted blinds. The man who lives upstairs who has damaged the floorboards is 25 stone! He has told me this. I'm now homeless for being a good tennant. There is few homes left because there are millions of immigrants that have been aloud to illegally enter. It doesn't pay to be honest and treat my home or land lord respectfully.
So whilst you are clear and confident about how the landlord should cover himself.
Tell me what and where to go for help. A section 21 has now changed to a section 173.
Also the section 173 had no stamp on the envelope... can you help me with that?
Hi Jen nana777,
Thank you very much for watching and for taking the time to drop a comment,
My best advise would be to contact your local citizens advice bureau they will be able to best advise on what to do.
Good luck and thanks again for watching.
@@new2property Try to get through to the CAB!!! It's a laugh...
@suerowe53 got the same problem with CAB they don't answer. Check any insurance policies you hold (Home/Union etc) to see if they cover free legal advice. I found my Union membership covers me for free initial 30min legal advice.
Great video thank you. What happens if you don’t have gas certs for all the years the tenant has been there? I only have the last two years out of 5.
Hi Omar,
Thanks for watching and for dropping a comment.
I suggest seeking legal advise from an eviction specialist before proceeding. Its important to get things right before you issue the notice.
I hope it works out for you
Did you find the answer to this question by any chance?
Well presented in clear and plain English 😊
Hi Staru,
Thanks very much for watching and for your kind words
@@new2property If you post first class post on the form is served date the date posted or when it arrives
I have a tenant who’s in arrears of 6 months and in breach of contract by smoking in the house (have 2 witness statements as proof) . Gave him all documents but he’s telling the council he never received it anything.
I have copies of current gas safety, EPC and the how to rent guide given to the tenant however the EICR (which is due to run out in 24 months) I’ve also lost. Tried contacting the electrician who done the test for me but no luck.
Is it advisable to get a fresh EICR done for the property before serving section 8 and 21?
Hi Jem,
If you’ve not yet served the notice then I would advise getting all paperwork and evidence in order prior to serving. It’ll just eliminate the risk of having to start again further into the process.
Thanks for watching and for taking the time to drop a comment
My tenant won't give me access to do either a property inspection or electrical certification done - tenants are nothing but a nightmare
@@suerowe53I'd seek legal advice!
Hi, I have seen your video, need help in applying to courts. I have now done the section 21 and now the 2 months has elapsed. Which form do I now complete to evict the tenant via courts. I don't want to claim any rent arrears.
N5B FORM
You say a copy of the property licence must be "served" with the S21 notice. Where did you get that info from please Thanks
yes would like to know too Shelter website doesnt mention the licence as a service req
Ive just been serves a section 21 but my landlord hasn't never done the deposit scheme thing will this matter
The Notice is invalid. You are also entitled to have your deposit returned to you in full and the court will also award you three time your deposit as fine. So for example if your deposit was lets say £500.00, then you will be awarded £2000.00. The Landlord might offer to return your deposit. If he does that and you accept it, then the Notice will be valid.
How do you prove or show that you did not take a deposit
Hi David,
If you would have taken a deposit then it should have been registered. If you’ve not taken a deposit and the tenants can’t produce anything to suggest otherwise then there is nothing to prove.
Thanks very much for watching and for taking the time to drop a comment.
My partner and I have not had our tenancy renewed because we fed pigeons. We were told not to, we stopped feeding them but we've lost our home. Disgusting.
@new2property great video. when serving a sec 21, With assured Assured Shorthold Tenancy agreements that have been renewed yearly, how far back do we have to print duplicates and serve, is the last 3-years ok? presumably if they have rented for 10+ years you would have to print all 10-years? Let me know
You will just need the most recent AST, if you have issues and had the tenants sign a new contract than it’s just the most recent you’ll be required to produce.
Thanks for watching
What do you do if your tenants are on a rolling tenancy ?
Many Thanks 🙏
Hi,
What happens if the tenant tenancy agreement has ended and has now been on a month to month basis, for over 6 months?
Thank you
Hi Joao,
Thanks for watching and for taking the time to drop a comment.
You can just serve the notice as you would if the tenants were still on their fixed term period.
I hope this helps
Being a renter and a landlord, i can quite neutrally say this, the more tenants F landlords about, the higher rents get, and the harder it is to even rent to begin with. As a renter, if you don't like your situation, ideally picking up and moving would have been better than as a collective, Effing the Landlord over one way or another. It didn't help involving big brother into it to try and stick it to the landlord, cos ultimately your rents went up skyrocketing and your income, guess what, DIDN'T. Meanwhile a lot of the landlords rode the harsh waves and reacted equally. So yeah, my personal lesson from all this... If you don't like something, walk away, it never helps getting vidictive.
When they serve the sec 21 does the epc have to be valid? Mine is a year out of date
can you confirm that if the section 21 (this was done by a legal firm) has been served and that I'm now going to court should i have any legal representation? The tenant has known that I've been trying to sell the property for over 12 months, I offered the tenant first offer, but they didn't meet the valuations ( I had 3 separate estate agents value the property). We are now going to court as a result. any advice would be greatly received
Hi Gethin,
Thanks for watching and for dropping a comment, yes I would advise you have legal representation when you attend court, the company that you used to issue the notice should have this service available.
Hi, thanks for a very informative video. Do you need a Form 6A to accompany a Section 21(a) notice or are they seperate forms? I issued a S21 4 months ago but now I am being asked by the tenant for a 6A Form. Any help would be appreciated.
The UK government's ".Gov" website is the 'bible' on all the detail of how to get possession of your property. It is very comprehensive.
Bailiffs coming in 19 days. Started s21 process in January 2023.
Hi,
Thanks for watching and for dropping a comment, I hope it goes smoothly for you.
Did you do it through high court or county court hence the long wait perhaps? Also were you able to get a accelerated possession order?
Would love to know as about to serve 2 stubborn tenants myself
@@malikali2305😂😂😂😂😂
Section 21 is a violation and fingers crossed the next government will kick it into touch. Have lived in the same house for 14 years and never paid rent late. Furthermore, we have looked after the property and kept it in excellent condition. We know the landlord, and he wants his son (who doesn’t have a job) to move in; section 21 given. We are not at fault, but I can almost guarantee that there will be replies to this comment showing support for the landlord.
@user-uh4fl5jf5z More than likely there will be a mistake on the notice but don't tell them and string them along for a bit!
Just a quick question, from reading about S21, EICRs are not required, just gas certs. Could you please clarify?
Hi Alex,
From my experience a solicitor wants to be forearmed and prepared so I have been asked for the paperwork every-time. No harm in providing one as they are required anyway.
@@new2property If an electrical report is not given to a tenant before they move in (or within 28 days of a renewal of a report) does it prevent a Section 21 notice from be served?
No, this won't be the case under these regulations.
As per NRLA
In a similar situation myself, both I and the tenant have lost EICR and electrician who gave it to me is nowhere to be seen.
Tenant is in 6 months arrears and as of yesterday, smokes in the property and has been put under ‘breathing’
Maybe not yet Alex, but they soon will be.
Thank you for the video. What if I am homeless and need to live to return to my property, which currently houses a temporary Council tenant? The contract with the tenant is with a real estate agent who manages my property.
Hi Cynthia,
Thanks for watching and for dropping a comment
I suggest you connect with the council who are housing a tenant in your property and with the agent managing it to see what your options are.
I hope you get it sorted.
@@new2property Thank you
amazing info! thank you dan!!!
You are more than welcome, thanks very much for watching and for taking the time to drop a comment.
Thank you for this informative content.
Is an email s21 notice still valid while on contract is stated that only written notice sent by post or left at the property is deemed ??
Hi Nan_nce,
If your contract states that notice must be served via post or in person then it would be best to follow the contract to stop any issues occurring later down the line.
Thanks for watching and for dropping a comment.
@@new2property thanks for your reply.
Landlord sent me s21 through email which is not stated on the contract. Also gas certificate was received only 4 years ago at the beginning of the first fixed term. Never received gas certificate on the next 3 fixed term renewals nor along with the s21 notice.
Can those two make the s21 notice invalid ??
what happens where the deposit is under deposit schem but somewhat lesser fee in-place of deposit under "Flatfair" scheme?
Sir,
i realize that you may not be a legal advisor
.......i just wondered how a tenant will FAIR if their so called AST
has already been observed by a court to be an IINVALID AST....
....in other words.......... a court has already been made aware that the tenant was forced to sign an invalid AST....
.....it was .invalid because at the SIGNING TIME the tenant verbally signalled to the Landlord that the AST contained UNTRUTHES.......
(........... the AST stated "furnished" when the place is not furnished)
However, the Landlord still forced the tenant to sign the AST........without ammending the ast beforhand........
The court has already recognised the above situation & is in favor of the tenant.
.......i would imagine that the above situation is NOT GOOD for the landlord .......
NORMALLY with such discrepancies as above, the situation may fall back to a VERBAL AST condition.......bieng the default state.
However, with a landlord knowingly breaching the AST SIGNING
i don't think the discrepancy defaults back to a VERBAL .AST...........i think it may indeed mean that ZERO CONTRACT exists.
Therefor , for that Landord, the court won't be in any type of position to honour him with SEC 21's notices to the tenant......
Not to mention the fact that SEC 21.s are due to be abondoned in 15 months time............ yet with COVID backlogs in LONDON even a genuine sec 21 is currently taking 14 months before a tenant leaves......regardless.
i would love your opinion
Those notices are hard to get right!
I am a Landlord. My understanding of the "Miscalculation of a Notice period" can be overcome by using the following sentence after the expiry date - "OR THE LAST DAY OF A PERIOD OF THE TENANCY NEXT OCCURRING". You can add this into any Section 21 notice and it may have to be pointed out to a judge in the event that it goes to court should their be a miscalculation of a period notice.
Dodgy landlords are more of a problem than tenants. Living here 7 years, never missed a rent payment. Have to live in substandard conditions. Cost of rent is ridiculous. I think tenants are getting screwed over with no support for their circumstances.
Hi,
Thanks for watching and for dropping a comment.
I don’t understand why you would stay in a property that you are not happy with for 7 years, why wouldn’t you just move onto a better kept property with a more attentive landlord?
@@new2property Hi, thank for your comment. I lived here seven years because I live in Islington, and it’s the cheapest you’ll find in this area. We have a huge garden, and the location is very good. My part of the complex is neglected, but the basement area is shocking, and shared bathrooms are disgusting. I have mine self contained, otherwise I would have left sooner. I have health issues, and convenience outweighs everything else. Doesn’t excuse all the lies and abandonment of duties. Now they are kicking everyone out to house refugees. Some not quite right with that. There’s nothing out there that’s comparative I’m price. Inflation, cost of living and life in general is a challenge, and sacrifices are inevitable.
😮As a landlord I strongly disagree with that blanket statement about tenants and landlords. The courts protect tenants no one helps the landlords, I dont know of, or ever heard of a tenant losing thousands because of a bad landlord . Tenants are appreciative when they get accommodation but have no problem forcing the landlord to get to eviction point with all the expense and stress before they are prepared to move out
@@michaelbennett9127it's the cheapest because of it's condition, it's very very expensive as is the landlords mortgage because of it's location. The migrations are there because of the failures of the government and they are offering us landlords alot of money to house migrants.
You should be blaming the government not the landlords, your landlord is probably not making much money at all
What a nightmare lol
You are not wrong, thank you for watching