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
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
or
Previous Article
Molo Finance announces lower BTL mortgage ratesNext Article
Small landlords generate £45 billion for the economyRelated Articles
This Section 21 court case appeal could impact ALL landlords
2 years ago | 12 comments
Section 21 with no lease – Help!
2 years ago | 12 comments
Member Since October 2020 - Comments: 1137
2:29 PM, 7th July 2024, About 2 years ago
Reply to the comment left by Neil Liberty at 07/07/2024 – 08:53
The bit you’re not reading is that the Council Tax can only be paid to the billing authority, not the landlord. If paid to the landlord as an intermediary, it becomes a prohibited payment and is no doubt the payments that the tenants are indicating to that they want refunded in this case.
Member Since April 2024 - Comments: 8
1:51 PM, 9th July 2024, About 2 years ago
The solicitor will only reply if the tenant gives him permission AND if the tenant has paid their legal fees bill. So assume you are ok unless you get other info. Often people use solicitors as a scaremongering tactic, but then cannot evidence their accusations so no more legal letters come.