Is section 21 valid?

by Readers Question

11:02 AM, 20th December 2014
About 4 years ago

Is section 21 valid?

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Is section 21 valid?

Please advise since all legal bods are closed over weekend! Is section 21 valid?

I have had a lovely tenant for 4 years, she’s a single mum, 3 kids and all housing benefit has been paid to me, no problems. Unfortunately her boyfriend has moved in without my permission. The housing benefit has halved and a top up needs to be paid to me on 19th month.

I sent a letter describing all payments and the boyfriend did pay the £370 top up last month (Nov).

December top up was due yesterday and no monies arrived.  I tried to contact tenant and boyfriend via mobile but both are disconnected!

I sent a nice message via Facebook to get in touch regarding rent owed but then got a reply via Facebook from boyfriend saying:

  1. I’m not allowed to make contact via social media …. is this true?
  2. I have entered the back of the property…… I’m 5 months pregnant and would have to climb a 6 foot wall to get over!!
  3. I have harassed for rent before its due……. I asked them once on 19th, the due date!
  4. Injury has occurred to the children due to improper maintenance… I’ve never had been asked to fix anything! I’m a diligent landlord and fix issues instantly.
  5. They are contacting a solicitor reference the above.

I’m planning to instruct Landlord Action to serve a Section 21 on Monday, but my question in the meantime is; can they use any of the untrue above statements against me and will my section 21 be valid, can I get them out regardless??

Would appreciate your views since I can’t speak to the professionals till monday

Thanks

Regards

Sarah



Comments

Mark Alexander

11:07 AM, 20th December 2014
About 4 years ago

Hi Sarah

Good call to use Landlord Action!

If you have not already contacted them please make your enquiry via http://evicting-tenants.net/ and you will be redirected to a VERY useful PDF brochure written by The Sheriffs Office.

The tenants only defence against a section 21 is:-

1) deposit protection issues
2) too early in fixed term

I am not aware of any laws regarding the use of Social Media messaging to chase rent arrears.

Good luck and please let us know how you get on.

I have to say, these tenants do sound like trouble, but given that they are in arrears it is highly unlikely that any no-win-no-fee lawyer will have be interested in acting for them.
.

Tessa Shepperson

14:28 PM, 22nd December 2014
About 4 years ago

These allegations should not affect your section 21 notice.

However as they are to act for you, you should speak to Landlord Action about this. They have a telephone advice line (although I am not sure about their Xmas opening).

Best not to contact or speak to the tenants until you have been able to get advice on your situation from Landlord Action.

But generally harassment allegations do not affect the validity of a section 21 notice.

Gary Nock

9:46 AM, 26th December 2014
About 4 years ago

Looks like tenant is being adversely influenced by her partner who thinks he is going to have a free ride as far as the rent is concerned and does'nt realise that the Sarah Tether retalitory eviction bill failed. So the defective maintainance defence is out of the window. Landlord Action is the right way to go unless you have Rent Insurance Guarantee with Legal Cover in which case you should be covered.

Neil Robb

12:30 PM, 26th December 2014
About 4 years ago

Did the boyfriend have your agreement to move in and did he sign a new lease.

If not it is your tenant who is to pay I would have nothing to do with the boyfriend.

Rod

20:23 PM, 26th December 2014
About 4 years ago

Youre wise to use section 21 as section 8 is full of holes. You can use the government site to go for small claims, it'll cost £100 and they give u what u want cos they need the money! Good luck.

Sarah Pajger

8:06 AM, 27th December 2014
About 4 years ago

Reply to the comment left by "Tessa Shepperson" at "22/12/2014 - 14:28":

Thanks Tessa, I've served a section 21 (yours from property portfolio software) giving the tenants nearly 3 months notice so I'm hoping this will just be rubber stamped by the courts. They now want to sue me for child getting hurt due to door falling on them but I understand this is a seperate issue to S21.

Sarah Pajger

8:08 AM, 27th December 2014
About 4 years ago

Reply to the comment left by "Neil Robb" at "26/12/2014 - 12:30":

Althoigh I did not agree to boyfriend moving in, now I've accepted a bacs payment he now becomes my tenant which means I can file for attachment of earnings

Sarah Pajger

8:14 AM, 27th December 2014
About 4 years ago

Reply to the comment left by "Gary Nock" at "26/12/2014 - 09:46":

Landlord action have been extremely helpful and I will be using their eviction services. I've just served my own S21 for now because I could serve that day and not wait till new year. I hoped it might trigger rental payment since family houses are in extreme short supply round here. I think im in for the long haul here!!

Neil Robb

17:07 PM, 27th December 2014
About 4 years ago

Hi

I understand you have received a BACs payment on behalf of your tenant. If you accept he is the tenant under what lease are you going to evict him. What are his terms and conditions.

I believe the law deem a minimum tenancy agreement to be 6 months from start so what if he claims it started from his first payment then can you still serve notice within the first six months.

I would try and speak purely with your original tenant that has been there for the four years.

Tessa Shepperson

17:20 PM, 27th December 2014
About 4 years ago

Accepting rent money from someone other than your tenant does not necessarily create a tenancy in their favour.

For example, most well drafted tenancy agreements will have a clause which protects you from this possibility by providing that rent paid by anyone other than the named tenant will be deemed to be paid by them as agent for the tenant.

So check your tenancy agreement.

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