Evicting a tenant advice

[Sweetpea15]

My father is trying to evict his tenant, but every time he goes to the house they’re out and they aren’t answering the phone (he only has the boyfriends phone number as the tenant broke her phone a few weeks ago).

He has a Section 21 form for them to sign regarding the two months notice, but he can’t get hold of them to give it to them.

He’s not expecting them to move during the current outbreak, but he wants to serve it now so that they’re aware, have plenty of notice and will be moving as soon as the U.K. is no longer in lockdown as the house is needed for a family member.

This is his first time as a landlord so any advice is appreciated!

As first time landlord has he not got an agent managing for him or joined the NLA?

Can he not call and post the section 21 through the letterbox or must it be handed to them in person ? Just wondered if they could legally say they haven't received notice.. surely not as they're registered at the address and it's up to them to acknowledge the notice?

Don't think you need the tenants to sign? I was sent mine didn't sign anything and it was all legal x

The tenants don't need to sign the section 21, he can post it through the letterbox.

However, there is a complete ban on evictions for at least the next three months.

www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

So even if things are back to normal in three months' time it will make no difference whether he serves it today or waits a month (because 2 months notice).

In order for the S21 notice to remain valid your father would have to start possession proceedings within 6 months of the date of service. Otherwise he's back to square one.

So a S21 notice served now would in all likelihood expire before it could be acted on and would achieve completely nothing except to distress his tenant.

Why doesn't he just write them a nice human letter for now, giving them some advance warning that he will be seeking possession in the near future when this crisis has passed, whenever that may be? He could also use it as an opportunity to give them altenative contact numbers in case he's taken ill and is unable to fulfill his duties as a landlord.

Thank you for the advice! I’ll show these to him and go from there.

RLA regional landlord association -you can claim membership against tax -they have information line which will advise you & a great website which gives you accurate up to date information - I used them & didn't have to use a solicitor - they also have a forum. They have joined up with NLA recently so 2 for1
however as pp stated the Coronavirus has made life more complicated with getting rid of tenant for the next 3 months

in normal circumstances:

• send the S21 by post with a proof of posting. Tenants do not need to sign it. If ultra-paranoid, send from two separate post offices.
• assuming it is valid with all the right docs, (does he know what they are?) and tenancy fixed term is ending or in rolling, wait two months
• if tenants do not leave, start court proceedings. Wait some months
• if tenants still do not leave, request bailiff. They leave when the bailiff comes.

under normal circs this is about six months in total. Right now - forget it. Family member will need to find somewhere else.

They don’t have to sign , just send via normal post and get proof of posting. If you want to do it from two different post offices do so but no need. Just keep the proof of posting (scan/take a photo). You’ll need it for court papers.