Updating post from Reddit.
Hi all, I will be returning to my property at the end of the property tenancy later this year. From research it seems like it would be better to serve section 21 (with the 2 months minimum) in case there are any complications in reclaiming the property.
The estate agent wants to charge £175 for the section 21 though, which based on this thread is taking the piss - https://www.reddit.com/r/uklandlords/comments/1lx56fx/should_i_serve_section_21_if_tenants_already_gave/
My question is how complicated is it to serve this myself and are there any pitfalls to be aware of?
Thanks!
It looks like a simple form, but they're very easy to get wrong if you don't know the legal process. E.g. 2 months. Every month is a different length, right? So is it the 17th to the 17th 2 months ahead? Or is it 62 days? Or could it be 58 days in some circumstances? Most of these will get it thrown out of court because the courts interpret it as 2 months and a day.
What's your tenant's name? Perhaps he's called Peter but goes by Pete? Which did he put on the tenancy? What's on his passport (can you can prove you did the right to rent check?), and if it's different should you use the legal name or the name he wrote on the tenancy agreement? Get the wrong one and it'll be thrown out.
You'll need all the paperwork associated with the tenancy (correct how to rent guide, deposit protection, etc.) and the property (EPC, Gas Safety certify, icate, etc.), which may only be held by the letting agent and they may be unwilling to pass it over to you.
None of this is insurmountable, just highlighting that it's easy to get wrong if you don't know what you're doing.
Hmm yeah it's been fully managed process sounds like a pain. I'm not anticipating any issues, is the section 21 necessary just for peace of mind?
Section 21 is essential. There are also two types depending on where you are in terms of the tenancy (before or after the fixed term).
But be aware that it is a Notice Seeking Possession, not an eviction Notice. Only a Court can order the tenant to leave. In reality, your tenants will probably just leave at the end of the Notice period, BUT they might not. If you haven’t served an s21 a difficult situation will be made much worse.
The only ways to legally end a tenancy are section 21, section 8, or the tenant giving written notice that they intend to leave.
Any other arrangement relies on trust and good will - the advice here will always be to go through the legal process because every landlord here will have had their fingers burned by thinking the best of people and not planning for the worst.
For example, if your tenant moves out at the end of the fixed term, but they haven't formally told you, that doesn't end the tenancy. They could legally come back and say they want to continue living there.
The section 21 is your backup if they decide not to leave.
The consequence of not serving it is that the eviction process will be put back by 3 months in that scenario. (i.e. you'll need to serve the notice once you find out they're not leaving, which is 3 months later than you otherwise would)
The consequence of serving it incorrectly is that the eviction process will be delayed by 9 months to a year. (i.e. once you serve the notice, you then need to go to court to enforce it, wait six months for a court date, and at that point a judge rules that you were one day short of giving two months notice and you must start the whole process again).
I ended up serving myself:
In person delivery with a witness and a photo.
Make sure to read the notes to form 6A before you do it.
I found: "How to Serve a Section 21 Notice to Tenants" on open rent quite helpful. so make sure to read that.
www.landlord-support.co.uk I think charge £90 and are a regulated law firm that only deal with landlord and tenant matters. If they stuff it up you have some recourse, if your agents get it wrong, the “We are not legally trained” excuse will be trotted out.
Do you manage the property yourself or does the estate agent?
If the agency manages your property, then you most likely won't have a choice whether you pay it or not.
I’ve opted out before. Think these additional services are usually optional in most management contracts
Oh I agree. Sometimes, they are, sometimes they aren't. OP, best check your contract.
Yep, always read the contact yourself - I agree. Don’t take their word for it.
If you are filing a S21, MAKE SURE it is valid. I've known a few landlords (not one myself) who have tried to cheap out and do it themselves, and it's so easy to stuff it up. One I was talking to served it herself, it was invalid, then she paid a solicitor to serve it, and they messed it up too! Shes currently on the third one and it's heading through the system(because the tenants want a proper eviction to get a council property).
Quite frankly, if you need the property sharpish, just pay the money and get it done right first time. I wouldn't risk filing it myself if I was in that position.
It’s not a complex form but important to get right or it’s invalid. Landlord Lab charged me £60 plus VAT. Don’t know if that was a special as I was switching to them but was £250 at my previous agent. Happy for you to DM me if you want a contact.
If you lived in the house beforehand, you have a properly drafted tenancy, and you can attend the hearing then you're better off using ground 1 on a section 8 notice.
It's the same length of notice but there's none of the technical defences to section 21.
But with accelerated possession post-s21 there’s no hearing?
There isn't a hearing normally, but a judge has to check the paperwork so it's not any faster. Plus there's a raft of additional defences that tenants can raise that would require you to attend a hearing/potentially ruin the Section 21.
Ground 1 is basically you turn up at court personally, affirm you are going to live back in the property or have lived in it and want it back. Then show the part of your tenancy that says you may repossess under ground 1 and state that as it's a mandatory ground you are entitled to possession.
Section 21 on the other hand can be tripped up by tenants claiming - the gas safety wasn't served on them, the deposit was protected late, the prescribed information was served before the deposit was protected, the how to rent booklet was the wrong one, the EPC wasn't handed over, the landlord took a banned fee, the court delays have gone on so long the Section 21 ran out.
With all that it's not surprising that so many landlord and tenant solicitors go down the Section 8 route nowadays as most of the tenancies that fall across our desks have got something wrong with them.
Interesting, thanks.
"Hi all, I will be returning to my property at the end of the property tenancy later this year"
You absolutely will not be, unless the tenant wants to leave, 6 months for a court date, and then 6 months for an eviction are pretty standard, assuming you do everything right
"From research it seems like it would be better to serve section 21 (with the 2 months minimum) in case there are any complications in reclaiming the property."
The end of the fixed term is not the end of the tenancy, its the end if the fixed term, only tenants and courts can end tenancies.
"My question is how complicated is it to serve this myself and are there any pitfalls to be aware of?"
Courts are corrupt, anything they can use to say no, they will, a typo, a smudge, an obvious lie
I am also Interested in this