Multi-coloured network background. Assessment Three Presentation.
Client Overview. Jennifer Beardsley wanted to remove her tenant from her property. The she stated that wanted to sell the property due to her husband’s ill health and the property being their life savings Initially, the client wanted to evict her tenant in March but due to to global pandemic she began to reconsider. On the 11 th July 2021, the client gave the tenant a 4 month notice however the tenant refused to leave. The tenancy agreement mentioned it was an assured shorthold tenancy agreement. Client wanted to know what measures she must take to evict her tenant..
The Legislative Advice. The Housing Act 1988, Section 21 focuses on the recovery of possession after the termination of a shorthold tenancy. Subsection 1A) and (1B) applies to an assured shorthold tenancy of a house in England if— (a)it is a fixed term tenancy for a term certain of not less than two years, and (b)the landlord is a private registered provider of social housing..
How you can evict a tenant using Section 21. Evict You can evict tenants who have an assured shorthold tenancy using a Section 21 Fixed Term after a fixed term tenancy ends - if there’s a written contract No Date during a tenancy with no fixed end date - known as a ‘periodic’ tenancy Section 21 Section 21(1)b) landlord has given to the tenant at least four months - notice in writing.
Legislative advice. Mrs. Beardsley would need to submit an N5B form in order to regain possession of her property In order to fill the form, there are documents needed:.
The Documents needed. Yearly tenancy agreements with the tenant Gas and Energy service records, Energy performance certificate, The client’s husband’s medical documents The section 21 notice given to the tenant..
The Advice Given To The Client. Communication with the tenant- we advised that the landlord should email the tenant one more time in hope that the tenant leaves. We advised the client to complete a N5B form- this will enable the client to apply for an accelerated possession procedure..
What actions did we take after the interview?. We conducted a cover letter to explain what was included in the N5B application. This was to explain to the court the action that our client wants to take. We conducted another interview with our client so we could sit down to complete the N5B form together..
How I conducted the interview?. We asked Jennifer to explain her issue and the background We did not need to ask too many questions as the client did extensive research on what she needs to do. We were able to establish from the interview that we would need to research the steps the landlord would need to take when she needs to evict a tenant..
When the client cannot use a section 21 notice. it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme the tenancy started after October 2015 and you have not used form 6a or a letter with all the same information on it the council has served an improvement notice on the property in the last 6 months the council has served a notice in the last 6 months that says it will do emergency works on the property you have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019.
How I conducted the interview. The client was feeling guilty about evicting her tenant. We ascertained to her that our priority was to do what is best for her. But we recommended that she email her tenant to appeal to the council explain that she is homeless. The client became upset at times, so we knew that we needed to take a delicate approach..
The reason I chose this client.. The client was so endearing and appreciative of the service that we provided. She wrote our names so that she could tell her supervisors how impressed she was with our service. I gained huge confidence after the interview. The client was important as this was the first time, I filled out a N5B form. This was the first time I had to do a cover letter..
Thank You for listening !!!!!!.