Is section 21 valid?
Please advise since all legal bods are closed over weekend!
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:
- I’m not allowed to make contact via social media …. is this true?
- 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!!
- I have harassed for rent before its due……. I asked them once on 19th, the due date!
- 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.
- 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
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Member Since July 2013 - Comments: 1434
1:58 PM, 29th December 2014, About 11 years ago
Reply to the comment left by “Sarah Whiting” at “27/12/2014 – 08:08“:
The S21 should have been issued in the name(s) of the tenants with whom you have the written agreement. If it is in any other names then it is probably invalid.
If you have entered into a tenancy agreement with the boyfriend, then a S21 cannot be issued within 6 months of the date of that agreement.
Member Since August 2013 - Comments: 17
7:49 AM, 3rd January 2015, About 11 years ago
Reply to the comment left by “Michael Barnes” at “29/12/2014 – 13:58“:
Boyfriend is not on original tenancy agreement and I have not issued a new one. He moved in without my permission. So I issued S21 with tenants name on it. So I get this right I’ve instructed Landlord action to look at the details, since they say I’ve accepted bacs payment and he now becomes my tenant, although that does seem a bit unfair!
Member Since July 2013 - Comments: 357
11:24 AM, 3rd January 2015, About 11 years ago
Hi Sarah
The reason for the DHSS reducing the payment may be nothing to do with the boyfriend. How ever if he has officially told them and moved in will effect the Payment speak to the DHSS and ask why there is the reduction in rent.
There is a saying knowledge is power so when you know something you don’t have to say fore warned is fore armed.
Clearly when you received the payment YOU genuinely believed it was from your named tenant and not from the boyfriend. Didn’t YOU. I don’t believe it matters which account it comes from.
Rules when dealing with legal issues.
Always be careful what and where you say anything.
Any witnesses keep a written record of all your dealing what was said and time and date. those present it does give creditability to your version of events. If your ever end up at court.
Always make sure when you write anything you stick to the true facts as you remember them.
Always remember one lie can undermine your whole standing.
Believe it or not tenants do lie.
Member Since August 2013 - Comments: 17
8:35 PM, 4th January 2015, About 11 years ago
Reply to the comment left by “Neil Robb” at “03/01/2015 – 11:24“:
Frightening! That’s why I thought I’d go down the S21 route only since lies are irrelevant from the tenant. S21 should be quite full proof since the only 2 reasons I can’t get my property back are failing to protect deposit and if tenant is still within fixed term