Licence application required before section 21 can be issued?

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by Readers Question

12:02 AM, 4th July 2023, 3 years ago 9

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Hello, I asked my solicitor this morning to issue a section 21 notice for a property that I intend to sell. The house is in a selective licensing area in Leicester. I have not applied for a license because I was selling.

The solicitor tells me he can’t issue section 21 until I’ve applied for a licence. This seems a total waste of money to me.

Has anyone else been told this?

Thank you,

Bella

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Tags: advice on selective licensing, councils selective licensing, Section 21 selective licensing

Comments

Clint

Member Since April 2015 - Comments: 468

9:50 AM, 4th July 2023, About 3 years ago

Yes, if you have a tenant in the property, you will have to apply for the licences. Might be cheaper to pay him to leave.

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Ian Narbeth Read Full Bio

Member Since July 2013 - Comments: 1996 - Articles: 21

4:13 PM, 4th July 2023, About 3 years ago

If you fail to get the property licensed your tenant could get a Rent Repayment Order which will be expensive for you.

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Markella Mikkelsen

Member Since August 2022 - Comments: 100

4:20 PM, 4th July 2023, About 3 years ago

Selective licensing is a total waste of money, correct.
And yes, you need to have a license in place or you cannot issue a section 21.

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David Houghton

Member Since October 2022 - Comments: 402

12:58 PM, 5th July 2023, About 3 years ago

You can of course ask the council for a temporary exemption. But it’s a money maker scheme so expect them to say no.

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David Houghton

Member Since October 2022 - Comments: 402

1:05 PM, 5th July 2023, About 3 years ago

Or if there are empty rooms move in to one of them. (Then you are exempt as owner occupier, I faintly recall check the legislation)

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Caroline Crute

Member Since July 2023 - Comments: 41

4:18 PM, 5th July 2023, About 3 years ago

How do you get a licence?

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Ian Narbeth Read Full Bio

Member Since July 2013 - Comments: 1996 - Articles: 21

4:41 PM, 5th July 2023, About 3 years ago

Reply to the comment left by Caroline Crute at 05/07/2023 – 16:18
Apply to the relevant local authority. You should find information on the council’s website.

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Caroline Crute

Member Since July 2023 - Comments: 41

4:42 PM, 5th July 2023, About 3 years ago

Reply to the comment left by Ian Narbeth at 05/07/2023 – 16:41
Thank you

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Judith Wordsworth Read Full Bio

Member Since January 2015 - Comments: 1435 - Articles: 1

9:44 AM, 8th July 2023, About 3 years ago

You had a tenant insitu when the Selective Licence Scheme started. Should have got it, sorry.
The licence fee is an allowable expense for tax.
Bit like saying no MOT and driving the car because you have advertised it for sale.
With the way many tenants are, why does anyone not get rid of the tenants before putting their property up for sale.

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