Section 21 Notice Issued

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My tenant moved into the property on 20.9.09 and I had prepared a RLA AST with 2 months rent in advance as I was unaware that there had been problems with this AST.

When the next months rent was due on 20.10.09 I received a text message from the tenant saying I would have to use the rent I held in advance to cover the payment.

I checked the RLA website at this point and realised that their had been problems with this AST and I wrote to the tenant agreeing to set the 2nd months rent held against the 2nd months rent due.

After this, in effect I was holding no money up front from the tenant.

She paid one months rent during November in bits and bobs and then nothing for December stating she cannot afford to pay.

I spoke to an RLA adviser and was told to issue a Section 21 Notice which I have done.

Now after reading other posts, I am concerned that this was not correct and maybe I should have protected the rent as though it were a deposit and sent notice to the tenant before issuing the Section 21 notice. Only thing was I didn't have anything to protect as I had already written to the tenant saying it had been set against rent as requested.

Am I likely to have any problems if this comes to court?


12/01/2010 00:00

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