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Monday, August 01, 2011

2nd Section 21

Property Sparrow is a complete convert to the s.21 notice.

For the second time this year she is making use of one to repossess a flat. That's two flats out of four where the tenant has stopped paying with no explanation.

Property Sparrow feels the s.21 notice provides a failsafe solution in what could be a stressful situation. In spite of the waiting period, there's not the worry of attending a court hearing as in a s.8 claim and no preparation to do. She filled in the N5B form one evening using the copy of the form she used last time. She's had the standard Notice of Issue back from the court and is waiting for the end of the 14 day period in which the tenant can file a defence.

Property Sparrow visited the block yesterday and knocked on the tenant's door. She was a bit relieved when there was no answer as the lettings agent says that he has a nasty temper. In the post boxes downstairs there was some unopened post for him, including a large brown envelope from the court.

He's already gone, she thinks.

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The Editor said...

I just wondered if you vetted your tenants yourself or do you leave it for your letting agent to do?

Property Sparrow said...

She's always left the vetting to her lettings agent. They do standard referencing and credit checks. She is starting to think that she should do more and meet potential tenants where possible. She's sure it's time well spent now that it seems that arrears are on the increase.

Hawkeye said...

I think you might be right there. I find nothing beats a face to face meeting to get a real feel for a tenant. That is the problem when you leave the work to a letting agent. Their priority is always to get a tenant in a soon as possible. Not the long term interest of the landlord.

Anonymous said...

I wouldn't dream of letting to a person I had never met! I do not trust agents because all they are vetting is the tenant's affordability and not the other aspects of whether a tenant might be high maintenance or otherwise a nightmare to deal with.
The benefit of meeting you potential tenants is that it gives you a chance to sniff-out whether they are lying about their finances, smoking habits and what their social habits are. eg Neighbours hate party animals; a smoker cannot hide the smell from their clothing; a chat about their job can reveal their likely income level and hence affordability. If the person is twitchy about your questioning is it because they have something to hide?
If they satisfy all the qusetions I then vet my tenants thouroughly which includes ringing up their employers, verifying their income which may include looking at bank statements and so on. Your only opportunity to vet them is at the first instance so if you skimp on the vetting process you have only yourself to blame if the turn out to to unreliable, antisocial, irresponsible etc. I am happy to report that my current batch are all responsible hard working reliable clean and generally well mannered. We have a good business relationship in that any problems are attended to within 24-48 hours and we even exchange christmas cards demonstrating the level of mutual respect.

Paul Barrett said...

You CANNOT use a Section 21 notice until the 6 month initial AST has finished or whilst there is a AST within it's period.
Ideally you should only ever offer a 6 month AST which will then proceed onto a SPT.
You may issue the S21 so that by the time the AST is due to expire 2 months notice has been given.
That is why for various reasons it is best to issue 30 days after the deposit is protected; essentially to take account of amended deposit regulations due to come into force shortly.

You may however issue a Section 21 ideally 30 days after the deposit is protected.
This means that when the AST 6 month expires the tenant has already received 2 months notice.
If you wish to enforce the S21 you may do the day after the AST expired; however you do not have to enforce and subsequently the tenancy proceeds onto a SPT.
If the tenant wants another AST you may facilitate that for them; but REMEMER ANOTHER FEE IS PAYABLE TO THE DEPOSIT SCHEME.
So make sure that the tenant gives you the fee for reprotecting the same deposit.
If you don't do this you will be exposed to a clued up tenant who will be given default judgement against you for 3 x the deposit plus the deposit aswell.
This applies even if there is a change to the tenancy agreemnt.
EVERY change to the tenancy and you have to reprotect even if the same deposit and the same property;BE WARNED!

Paul Barrett said...

Another thing I am now doing in addition to normal credit checks etc is to state that BEFORE the AST is signed 2 electoral roll forms will be required to be signed by tenants; 1 of which I would send off to the electoral roll dept at the local council.
Also they will have to agree to their details being shared with tenantid and landlordreferencingservices.
If they don't agree then you should NOT take them on as tenants.