9:11 AM, 26th January 2024, About 2 years ago 7
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Hello, I intend to issue an S21 on a tenant that lacks mental capacity and has a Deputy of the Court of Protection acting for him (his mother). This is because we have to sell the property and buy a bungalow instead, as one of the other tenants is now wheelchair bound and the property is no longer suitable for his needs.
The current house is a four-bedroom, 4 bathroom property, and we cannot afford an equivalent bungalow, even if such a property were available. Hence we need to move to a three-bedroom bungalow (a carer sleeps in overnight), for the two other tenants, one of which is my son.
I have advised the Deputy informally that they have 6 and a half months to vacate, to give them more time to find a suitable alternative home, and that I will formally serve the S21 at the end of May, for departure at the end of July. The Deputy tried to remove her son from the house last year and even placed a deposit on another property, but failed to complete the purchase.
The Deputy has now instructed a solicitor to write to us to say that the S21 cannot be served (but gave no reason as to why), and that we have to serve any S21 notice to the solicitor, and not to the tenant nor the Deputy, and that if we do serve to the Tenant or Deputy, this will constitute harassment.
If I serve the S21 to the solicitor, am I then breaking the process, since my understanding is that I must serve the S21 to the tenant and their Deputy; I’m concerned that not doing so will mean I am breaking the legal process for issuing a S21, and that this tactic is just a ruse by the solicitor.
I have provided all the Prescribed Information at the start of the tenancy, and the Deputy has signed to say she has received all of these documents. The tenancy is more than 4 months old.
Any advice gratefully received!
Steve
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Minnie
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Member Since July 2023 - Comments: 3
17:28 PM, 26th January 2024, About 2 years ago
If it’s a ruse, it’s not a good one. Serving s.21 as intended by statute is not harassment. Harassment also requires two acts, and while the courts have found issuing possession notices may count as harassment, there’s a high threshold that serving one notice lawfully will not meet.
Michael Booth
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Member Since September 2023 - Comments: 335
20:20 PM, 26th January 2024, About 2 years ago
Serve the section 21 correctly with all relevant docs epc, rtr booklet cp12 electric cert ect
David Houghton
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Member Since October 2022 - Comments: 396
22:59 PM, 26th January 2024, About 2 years ago
Hogwash. Serve the notice. The only exception is if you have it in writing from the solicitor that he accepts service for NEW matters. Serve it with the 2 months asap. As to executing a warrant once you have the order you have 6 months
David Houghton
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Member Since October 2022 - Comments: 396
23:02 PM, 26th January 2024, About 2 years ago
Even better serve it in both it’s only an extra stamp. Do NOT wait. They will plead exceptional circumstances anyway
Neil Robb
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Member Since July 2013 - Comments: 350
9:51 AM, 28th January 2024, About 2 years ago
Is tenant on fixed term tenancy .
Write back to solicitor and state serving the sec 21 to the tenant is a legal requirement and not an act of harassment.
That you have been more than considerate giving additional notice or your intention s
Victoria Valentine
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Member Since January 2024 - Comments: 13
14:45 PM, 29th January 2024, About 2 years ago
S21 should be served to the tenant named on the AST. If mam is Deputy make sure she also receives a copy. I would strongly suggest using a solicitor to help you with this though as it sounds like there is going to be significant pushback. Let me know if you would like our support.
SimonR
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Member Since December 2018 - Comments: 95
13:31 PM, 31st January 2024, About 2 years ago
Serve the Sec 21to the tenant, the deputy and a copy to the solicitor. Do not send recorded, use first class and get a proof of postage.