Section 21 & Section 8 notices

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I look after a rented house for my parents. It provides much needed pension income for them but the tenants stopped paying rent when they were issued a Section 21 notice to quit (because they are in breach of the tenancy agreement in respect of 3 issues). We did not serve the Section 21 for rent arrears as they were up to date at that point in time.

They told my mum that they have approached the local council because neither of them are working at present (both had jobs when they moved in 2 years ago) and they say they were advised to stay put until they are evicted. This means that we'll have to serve them with a Section 8 notice.

I can't seem to find out whether we have to wait until the Section 21 notice period runs out before serving the Section 8. If they've notified us that they do not intend to leave in compliance with the Section 21 notice can we get the ball rolling immediately with a Section 8 ? The longer they are in the property the more damage they will do to the place so my parents really want to evict them at the earliest opportunity.

I suspect they are claiming Housing Benefit. Is it not fraud if they are not paying this over to my parents as their landlords ? Should we be approaching the council ourselves ?

Any assistance from someone knowledgeable in this area would be much appreciated as it looks like the costs are going to rack up with court/bailiff fees and making good the property to re-let it.

You don't need to serve a s8 notice as well. If the s21 notice is valid you can just issue a claim for possession in the court when it expires.

Use the section 21, there's no defence if it is properly served. Games can be played with the section 8.

If the section 21 time has expired, go through the process. Current cost £355 for the possession claim and £110 for the bailiff. There are expert solicitors who all charge an extra £600, might be worth it as you don't seem too well informed. Get anything wrong and you go back to the start, and as the process takes months anyway you dont want that.

Damage or lack of rent do not speed up the process. I hope you have suitable insurances . it may also be worth informing your guests that unless they are classed as vulnerable, not paying rent = intentionally homeless and the council will show them the street. The council also need to know rent is owed.

Stay away from the property unless gas safe is needed or maintenance requested. Otherwise you risk being done for harassment.

And yes, guess why I know all this? Its not fun and brace yourself for the clearup.

They say they were advised to stay put until they are evicted
Unfortunately if the tenants leave before they are evicted then they will be classed as making themselves intentionally homeless.

The system absolutely stinks but you just have to go through the motions.

You don't need to serve a s8 notice as well. If the s21 notice is valid you can just issue a claim for possession in the court when it expires
Please DO NOT issue a section 8 as a PP said as long as the section 21 was valid then you just need to issue the claim for possession.

Who told you that you needed to issue a section 8 as well??

Did you issue the section 21 after the fixed term had ended as it is unclear from your OP??

Generally speaking -
Section 8 - for eviction at any time including during any fixed term for breach of tenancy terms
Section 21 - for eviction after a fixed term has ended

Thanks for the advice everybody.

Section 21 has been served and ends soon. Does anyone know how long it usually takes to evict tenants once the S21 notice period is up ? Can we prepare in any way to be instantly ready to move on with the next stage of the process. I had advised my parents to keep a £reserve to cover void periods but this money will be eaten up soon if no rent is received and then they will be struggling financially.

I'd be really surprised at the council finding the tenants somewhere because they have effectively made themselves homeless by breaching the tenancy agreement, followed by deciding not to pay any rent.

My parents are getting really worried about looking like evil landlords turfing a family out on the street as we all live in a "small town" like location where word spreads fast.

You haven't answered the specific questions you have been asked.

Has the s.21 notice been correctly served? If not, it'll have to be done again.

Have the tenants actually caused damage? Just because they are not paying rent due to being unemployed does not mean they are trashing the place. You haven't said what the tenancy breaches are though so could be connected.

Where would you have them live OP? If they can't pay the rent in a private rental, better for the council to find them some accommodation than for them to be on the streets.

You and your parents need to realise that renting property out is a business. Take the emotion out of things and be ready for several months of stress over this. Get clued up and quickly. Join a Landlords' organisation and read up on what they need to do. I hope the tenants' deposit is correctly protected in a scheme and that the Landlord's Gas Safety Checks are up to date? If not, your parents are on a hiding to nothing and could end up paying the tenants money and be open to criminal charges.

As for the local rumour mill - if your parents have behaved properly as LLs then they have nothing to worry about.

Here are some links that may be useful to you and your parents regarding the process of issuing a section 21 notice and what happens next:

www.gov.uk/evicting-tenants/section-21-and-section-8-notices

www.landlordzone.co.uk/content/check-list-serving-valid-section-21-notice

www.landlordsguild.com/prescribed-legal-requirements-before-serving-a-section-21-notice/

www.rla.org.uk/landlord/possession_proceedings/possession_overview.shtml

sorry wowfudge I missed that query but yes, the council have advised the tenants that the S21 has been correctly served, and yes it is now well beyond when any fixed term ended.

They're not "trashing the place" but are not keeping it remotely clean or the garden, which is very low maintenance anyway, under control. Carpets are stained and somehow frayed in a couple of the doorways, woodwork is very badly chipped, wallpaper is stained/scratched/ripped off in places. They are smoking in the house and have an additional adult staying there permanently (camping out in what was the nursery/box room as it's too small to really fit anything much more than a mattress on the floor in).
So, yes, many breaches of the tenancy agreement. They've lied to us about having the adult staying there permanently but we have now become aware she is listing it as her permanent address and receiving post there. They now say they are both working again but only part-time and are unwilling to provide any evidence of this fact.

Deposit is held under a deposit scheme and all gas and electrical safety certificates are up to date plus appropriate property insurance and regular appliance servicing. My parents are responsible landlords and have been understanding about rent paid a couple of days late and one or 2 other issues since the tenants moved in but have reached their limit now hence the issue of the S21 notice.

None of their behaviour makes any difference, I'm afraid. You need to folllow the process I outlined and which is detailed online.

I got a quick one , under five months from sec 21 expiry to bailiff. Depends on court times, if this is London it can be much longer. Sorry.

No legal or rent guarantee cover? Consider the £600 for the expert solicitors. You may need to sue separately for rent owed but concentrate for now on getting them out.