Eviction advice and recommendations?
11:13 AM, 28th November 2022, 3 years ago
12
Hello, We are just starting an eviction and are looking for the experience of others who have been through this process.
A local solicitor has issued the S 21 notice but we expect it to be ignored by our tenant who has always been uncommunicative.
A financial settlement/inducement to leave is a possibility, but we need to ensure it does not play into his hands as harassment and we need someone else to negotiate which will not be easy.
I have heard of Possession Friend and Landlord Action, but what are they like?
Has anyone experience of them?
Are they firms of repute, not one man bands with websites?
Their websites don’t give a lot of information and I’d like independent views. Are there others?
Any help would be welcome.
Thank you,
Gary
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Member Since December 2013 - Comments: 53
4:04 PM, 3rd December 2022, About 3 years ago
Reply to the comment left by DonH at 03/12/2022 – 12:16
Hi Don
Thank you for that. Sorry you`re having problems but it will be useful advice for me.
Member Since October 2022 - Comments: 402
10:02 PM, 3rd December 2022, About 3 years ago
Without seeing your tenancy agreement it’s hard to provide a definite answer. The first question is did you contract out of LAW of property act 1926. Put another way does your tenancy explicitly agree a method of service of documents.
If not you need evidence the s21 was received. This could be a recorded delivery receipt signed by the tenant (no one else), a statement by yourself if you hand it to them or the process servers statement.
Of course the s21 notice needs to be technically correct, with 2 months notice from service (see civil procedure rules part 6), and all the other things need to be in place EPC, how to rent etc. If not receipted serve them again. You can obtain a list by reading the court form n5b on the hmcourts website. Provided you do all that correctly you should not need a solicitor as no hearing will be necessary. If you write a statement dont forget the statement of truth. Word for word