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Forums > Active > The Netrent Forum
Subject: Landlord's Notice under section 21(1)(b)

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Author Messages
Sparky
Posts:9
04 Oct 2006 11:04:06 Alert 
In January 2006 I issued the above Notice 21(1)(b) to a tenant for rent arrears. Bristol City Housing department then paid a substantial part of those arrears, and the Notice still remained valid and therefore not withdrawn by myself.

Since the tenant has now gone back into arrears, of more than 3 months, with no chance of the Housing Benefit paying these arrears. Can I therefore now still use the above dated Notice and take enforcement action through the Courts, or do I need to issue a new 21(1) (b) Notice?
thegameplayer
Posts:7
04 Oct 2006 11:31:21 Alert 
Hi Sparky
What date was put on the original 21(1)(b)? As this is normally used when there is no breach of the tenancy agreement.
Personally, I would issue a Section 8 notice, which is purposely for rent arrears and a breach of the tenancy agreement. This has a 14 day activation period if handed to the tenant face to face or 15 day activation if putting it through the letterbox and 16 days if posted 1st class. Keep a copy of it.
If tenant pays up no problems, if tenant does not pay up you need to go to the county court and apply for Court Forms N5 and N119 together plus any relevant paperwork and instigate proceedings against them.
Also consider issueing a Section 10 notice and Section 11 notice along side the Section 8 notice at the same time.
warm wishes
Thegameplayer

Remember, learn the rules of the game, and play hard!
Sparky
Posts:9
04 Oct 2006 12:11:17 Alert 
The rent is/was due for payment on the 24th day of the month, Notice 21(1)(b) was dated 24th January for possession on the 24th March 2006, with arrears never totally be paid up.

Being a member of a Landlord's Association in the South West the above Notice was the advice they were offering.
thegameplayer
Posts:7
04 Oct 2006 12:37:05 Alert 
Sparky
I refer you to my post, is it a breach of tenancy or not?
I would be happy to call you to discuss your issue. However, you need to post your contact number. I will do this in confidence but I am not willing to post my number.
warm wishes
Thegameplayer

Remember, learn the rules of the game, and play hard!
adamlaver
Posts:2
19 Oct 2006 17:44:10 Alert 
Hi Sparky

In case you haven't yet resolved your 'Notices' problem I thought this might be of use. A section 21(1)(b)is a notice that may be served during the initial fixed term of an AST. You don't have to have grounds for possession and, assuming you complete your paperwork correctly the County Court HAS to award possession. Once this notice is served it lasts the life of the tenancy. Many Landlords serve this notice at the beginning of tenancy as a formality. The only time it becomes void is if you renew the AST, in which case you could serve another notice at the same time.
If however you wish to recover outstanding rent arrears you can serve a Section 8 notice, the tenant must however be more than 8 weeks in arrears. For this you would sight mandatory Ground 8,in addition to Grounds 10 & 11. One difference with this option is that you would need to attend a hearing at court, although this is fairly straight forward. Again assuming your paperwork is correct the Judge HAS to award possession and judgement on the debt plus costs.

Hope this is of use

Adam
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Forums > Active > The Netrent Forum > Landlord's Notice under section 21(1)(b)


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