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    "Date this Notice is Served" question

    Hi there, i'm just wondering if any could help me answer a small question. I'm thinking of evicting our tenant and giving them 2 months notice due to it being an Periodic Assured Tenancy.

    the question is what do i put for the "Date this Notice is Served"

    is it the day i send it via First class recorded or 2 or 3 days after that day i send it?

    thankyouu

    28 Comments

    i think you need to give them 2 clear months notice ie if you serve notice on the 10 jan then their 2 months is from 1 of feb

    Original Poster

    We collect the rent every 20th of each month so monthly its 20th - 19th of each month

    i'm thinking about sending the letter Monday 11th January 2010 then the eviction date is 19th March 2010.

    but do i put "Date this Notice is Served" as the day i send it or after a few days..?

    Section 7.5 of the Civil Procedures would probably do.

    Edit: The link: justice.gov.uk/civ…htm

    the date you send it - you can make the eviction date any date after the 2 months on which you sent it (so if you send it on the 11th of January you can make the eviction date any date after the 10th March)

    A section 21 notice you must ensure that the notice complies with the statutory requirements. These are:

    * Notice must specify the date after which the tenant is to give up possession.
    * This date is the last day of the period of the tenancy, CANNOT be earlier .
    * That date must not be earlier than two months after the date the notice was given
    * The date on the notice must not be earlier than the earliest date on which the tenancy could have been brought to an end by notice to quit. For example if it is a quarterly period tenancy, then one quarter’s notice must be given.
    * Section 21 notice although there is no prescribed form you must stipulate that it is a section 21 notice.

    Periodic Tenancies:

    These are tenancies that have gone past the fixed term and are now into "periods". A period being the time the rent is paid. i.e. every month or every 2 months etc. Notice can be served on the tenants and again you must give at least 2 months notice, but you must ensure that the notice period brings the tenancy to an end at the end of a rental period. Therefore, if the rent is paid on the 25th of each month, ensure the notice will bring the tenancy to an end on the 24th of the month. For example I receive rent from my tenants on the 25th of each month. Today is the 30th. I have to give 2 months notice and bring the tenancy to an end at the end of a rental period. As I have just missed the 24th July I can give notice to the tenants for possession of the property on the 24th October 2001 . If I had thought about it I could have given notice to the tenants on the 20th of July and had the property back on the 24th September 2001 .

    Note if the rent is paid quarterly then you can only give notice to run out at the end of the quarter.

    Always keep a copy of the notice served and of any covering letter.

    THE DATE OF NOTICE IS THE DATE YOU SIGN AND SEND IT. THE DAY OF SERVICE WOULD DEPEND UPON THE MANNER OF SERVICE. THAT IS IF POSTAL TWO DAYS AFTER POSTING (BUT SEND BY RECORDED DELIVERY AND OBTAIN RECEIPT FROM ROYAL MAIL ON WEBSITE OR BY SPECIAL DELIVERY). IF BY PERSONAL SERVICE, THEN THE ACTUAL DAY OF SERVICE (get tenant to sign for it).

    Hope the above assists.

    Supermod

    It is worth paying a solicitor/lawyer to draw up the Section 21 Notice for you. If you get it wrong there could be problems in attempting to serve further notices.

    As a marker of costs, I would usually charge a client £144+vat for doing this which is my hourly rate. It shouldnt cost any more than that.

    Banned

    do be so mean to evict them.....

    Banned

    tell em to sling their hook!!!

    Banned

    tell em to sling their hook!!!



    bet yer mum´s proud of you

    Supermod

    toshapetriji;7495591

    bet yer mum´s proud of you



    You do not know the circumstances involved so I think you have no right to comment on whether the OP should allow them to live in HIS property. That was not the question put to us.

    sn0ttyang3l;7493184

    the date you send it - you can make the eviction date any date after the … the date you send it - you can make the eviction date any date after the 2 months on which you sent it (so if you send it on the 11th of January you can make the eviction date any date after the 10th March)



    Incorrect.


    It's not simply giving two months notice.
    No need to pay a solicitor if you do a bit of homework. As a landlord, it's always best to know what you are doing.

    Check landlordzone.com.
    You can get notes, and a template for serving a section 21

    Edited to add: Do not send it recorded delivery.
    Send it 1st class and get proof of posting. Send two copies of the S21 from two separate Post Offices.

    Banned

    You do not know the circumstances involved so I think you have no right … You do not know the circumstances involved so I think you have no right to comment on whether the OP should allow them to live in HIS property. That was not the question put to us.



    don´t be so high and mighty

    Original Poster

    ^they're on benefits and they're not paying rent..

    If they are on benefits would they not get their rent paid for them? maybe they are waiting for housing benefit to come through?

    dont forget even if you give them notice to quit - doesnt mean they are going to go - and then you will have to go to court to get them out.

    Cant you afford a lawyers advice, what too many houses or something?

    generaloneill;7501173

    Cant you afford a lawyers advice, what too many houses or something?


    lol - oooh someone sounds bitter

    sn0ttyang3l;7501182

    lol - oooh someone sounds bitter



    Oh sorry yeah go ahead and evict the family then :thumbsup:

    well why should they stay in the property if they are not paying the rent - how do you know that the op isn't relying on that money too. If they are on benefits and they just haven't been paid it yet then they should go to the landlord and tell him that and ask for a bit of time to pay - no one is that heartless that they wouldn't give them time to sort out their finances

    OP is being cheap by not employing an Agent to collect the rent in the first place.

    Why should he ? How do you know if he has rented the property out because of the financial situation at the moment and is staying with family trying to keep his head above water and save the money coming in to continue to pay the mortgage until things improve. Unless we know the full story we shouldnt jump to conclusions

    generaloneill;7501246

    OP is being cheap by not employing an Agent to collect the rent in the … OP is being cheap by not employing an Agent to collect the rent in the first place.



    hardly lots of people look after there property themselfs
    good thing to do if you can agents tend to charge up to 12% on each monthy rent for this
    nothing wrong with people by passing this and doing it there self
    op i recommend the website stated in above post loads of information there and good luck with it

    generaloneill;7501195

    Oh sorry yeah go ahead and evict the family then :thumbsup:



    there no doubt getting payed rent from the council into there own bank account and not passing it on to the landlord if they choice to be reckless they must know how it willl end up
    work in property management and know that this is often the case with non payment people think they can keep the housing benefit they receive for them self instead of passing it on to the agency or landlord

    Supermod

    toshapetriji;7496572

    don´t be so high and mighty



    I am higher and mightier than you so no. Grow up.

    the best way to serve a notice is by hand ie physically hand over the letter or get a court to do this on your behalf, at the end of the day they can just claim they nevere received the letter refuse to sign for letters etc

    to be fair if you shouldn't really be renting out property if you do not even know how to serve a notice

    shedboy66;7502487

    the best way to serve a notice is by hand ie physically hand over the … the best way to serve a notice is by hand ie physically hand over the letter or get a court to do this on your behalf, at the end of the day they can just claim they nevere received the letter refuse to sign for letters etc



    A court will not hand out a "Notice to quit".
    They can "Claim" what they like, if the OP does what I advised, they will be evicted.

    shedboy66;7502487

    to be fair if you shouldn't really be renting out property if you do not … to be fair if you shouldn't really be renting out property if you do not even know how to serve a notice



    Serving a notice is one of the trickier things to do.

    Original Poster

    the new council regulations states that we can't get it paid to us direct...apparently they want the tenants to manage their own finances..unless special circumstances like mental disabilities, learning difficult etc. and rent 8 weeks rent arrears etc. its coming up to 8 next week..contacted them and they are "investigating"

    Agencies can only do so much...and after that..its our responsibility again..

    and no..i haven't got alot of houses, and i didn't go to a solicitor because most of the advice it readily free..

    i can give you the whole story if it clears thing up..

    edit. thanks for all your advice guys, i've just hand delivered the notice with a witness

    I don't believe that they are investigating anything, as the council don't care until they are 8 weeks in arrears.

    To be honest, you are a bit premature getting them evicted when they are only going to be 8 weeks in arrears soon. Just take the option of getting paid direct by the council.

    If you get new tenants, they may do the same thing, and then you'll be 16 weeks down, not just 8.
    that isn't including the void you'll have whilst looking for new tenants

    If you try and get them evicted, it will cost you a lot of time, and money, which you will be awarded, but you are likely to see any of it, as they will leave your property, and you'll have no way of contacting them to be paid back.

    Prepare your "8 weeks in arrears" letter for the council now. As soon as they are 8 weeks in arrears, go to the council, get their housing benefit claim suspended in lieu of you being paid direct.

    Put the amount they are in arrears in weeks in the letter to the council. then set a payment plan for them to pay arrears
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