Court hearing when using accelerated S21 route?
2 years ago | 5 comments
Section 21 rejected by solicitor without full explanation?
9:17 AM, 3rd June 2024, 2 years ago
32
Hi, I’m hoping someone can advise me on an issue encountered with a Section 21 I have served. The tenant has instructed a solicitor, and this solicitor has stated that the S.21 is not valid because I “have demanded and received prohibited payments under the Tenant Fees Act 2019”.
After reviewing my accounts, I found that the only payments I have received from the tenant are for rent and council tax. There have been no other payments since the tenancy began, and no agent fees, deposit-related fees, or any other fees have been charged at any point.
Hence I wrote to the solicitor asking them to itemise the payment(s), stating what the payment was for, the date of payment and the amount, and they have not replied.
Do I have a right to know what the alleged payments are and if so, in what timescale does the solicitor have to respond in? Or do I have to wait to find out until I am in a possession court hearing if the tenant refuses to leave?
Thanks,
Steve
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Member Since July 2013 - Comments: 1996 - Articles: 21
10:12 AM, 3rd June 2024, About 2 years ago
I assume you are unrepresented. I also assume that nobody else, such as an agent, might have demanded such payments (e.g. did the letting agent charge a prohibited payment?)
If the solicitor does not respond within a reasonable time (a few days as, by definition, they should know the basis of their assertion),I would write to them saying that if they cannot prove their assertion (a) they may be in breach of the Code of Conduct https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/
and (b) the comment is defamatory and that you will draw this to the attention of the court.
Member Since December 2023 - Comments: 1575
10:26 AM, 3rd June 2024, About 2 years ago
Employ the services of a an eviction specialist.
Do you have grounds to gain possession under Section 8 of the Housing Act? If so, this may be a useful option to keep up your sleeve.
Member Since July 2013 - Comments: 357
4:09 PM, 3rd June 2024, About 2 years ago
Probably a delaying tactic.
But follow advice as already given .
Solicitor will say the tenant said to cover himself
Member Since April 2024 - Comments: 28
8:38 PM, 3rd June 2024, About 2 years ago
Are you an NRLA member… If not join… I think £85 per annum… They saved me thousands with the member helpline when I needed to evict a drug growing/dealing tenant 3 years ago
Member Since February 2021 - Comments: 106
9:01 PM, 3rd June 2024, About 2 years ago
https://www.telegraph.co.uk/money/property/labour-plotting-greatest-assault-property-rights/?fbclid=IwZXh0bgNhZW0CMTEAAR2TiavUz3sEIYz5MHKQZps37zVY4Dvz_xzgq3YeXbKcCgOp-eesV-ijWAg_aem_ARWEtCUfi7yr75xkodlSs5isuwKYgHdRRkExyOPguvDo_KA9oRqHfPd8ZqSy0af-msEBdFneaVZr3JmA-cu54Jlp
Member Since June 2024 - Comments: 8
10:28 PM, 3rd June 2024, About 2 years ago
Sounds like it is because you are charging the tenant council tax rates, you as a landlord only pay those council tax rates when the property is empty but once a tenant moves in then it is down to the tenant to pay the council tax rates.
Member Since October 2022 - Comments: 402
8:28 AM, 4th June 2024, About 2 years ago
Reply to the comment left by Ian Narbeth at 03/06/2024 – 10:12The solicitor does not work for him, the the solicitor works for his client. It is not up to the other side to tell you their case.
They will have to disclose it when the op files his claim and the tenant files his defence
Member Since October 2022 - Comments: 402
8:34 AM, 4th June 2024, About 2 years ago
It may be worth hiring your own solicitor.
If you are sure it’s not right file your claim and seek further advice on here
when you receive their defence. It will cost you £355 plus time (which may mean lost rent) but it may still be cheaper than your own solicitor
Member Since October 2022 - Comments: 402
9:06 AM, 4th June 2024, About 2 years ago
Reply to the comment left by paul bell at 03/06/2024 – 22:28
That could be it. I’m guessing it’s an HMO, in which the landlord is liable for council tax. He can charge the tenant for Councils tax but not any extra for admin or profit on it. Similarly with Utilities. In which case it’s s8
Member Since October 2020 - Comments: 1137
10:37 AM, 4th June 2024, About 2 years ago
The Council Tax is the prohibited payment. It can only be paid to the Council, not to the landlord. If the landlord is liable for the CT, their only option is to charge a higher rent to cover their costs