Served S21 and tenants are still refusing to leave the property?

Served S21 and tenants are still refusing to leave the property?

0:04 AM, 28th July 2023, About 9 months ago 34

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Hello, can anybody help and advise with this situation, please? We have sold our tenanted property and the tenants refuse to leave (as suggested to them by the local council). We served a section 21 and they still refuse to leave on the prescribed date. Our insurance provides legal cover to begin eviction proceedings and having provided all documentation, our solicitor is telling us that the only issue is that the ‘How to Rent’ guide was issued to our tenants via email and this should only have been issued via this method ‘by agreement’ which my letting agents, apparently, did not receive.

All agreements were signed electronically by our tenants so they naturally assumed it would be OK to send them the ‘How to Rent’ by the same method but the solicitor is saying that if we go to court, this may be an issue. Has anybody experienced this before and can anybody provide any advice or guidance on what we can do?

Thank you,

Tony


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Comments

Happy housing

11:09 AM, 28th July 2023, About 9 months ago

Not sure where your solicitors getting that from. As long as it was given to the tenants. I've got same issue not leaving or paying rent, nightmare.

Happy housing

11:16 AM, 28th July 2023, About 9 months ago

Sorry it does need to be signed by the tenant yes.

Happy housing

11:17 AM, 28th July 2023, About 9 months ago

So was it signed?

Toni

11:22 AM, 28th July 2023, About 9 months ago

We are having a similar problem, our tenants actually asked for a section 21, then put in a defence and it went to Court.
I think it depends on the judge if they accept that the 'How to rent' was ok sent by email and deemed as received. Dose your tenancy allow you to send information by email, because that can be another issue.
The duty solicitor tried to say we had not served it correctly, because we should have served every subsequent copy since the original we gave at the start of the tenancy. The judge didn't agree.
Unfortunately we hadn't put a dot in the email address for one tenant, so weren't given full possession for both tenants just one.
Which apparently is incorrect, because a Judge can't separate a joint tenancy.
We are now pursuing a section 8.
Really it is dependent on the Judge at the end of the day and how good their solicitor is.

Mike Thomas

11:22 AM, 28th July 2023, About 9 months ago

The solution is serve the How to Rent Guide by post. Obtain “Proof of Posting” from the Post Office

Allow 3 days for deemed service, and then reserve the section 21 notice again.

Happy housing

11:27 AM, 28th July 2023, About 9 months ago

Missed a dot. Unbelievable so strict. Turns into a nightmare

BRACKS Mead

11:39 AM, 28th July 2023, About 9 months ago

Great advice here on S21. If it turns into a nightmare and there are any section 8 breaches of AST... Just a thought, serve a section 8 now eg rent arrears because it does not need this document.

Happy housing

11:48 AM, 28th July 2023, About 9 months ago

Are the solicitor's serving the notice?

Russell Cartner

11:58 AM, 28th July 2023, About 9 months ago

Sell, sell, sell, sell Save your sanity Costly EPC,s, Animals, Rent freeze, Litigation solicitors @ £300 per hour Rent not paid Houses trashed
The Gov, Shelter and just about everyone else out rhere it seems are all out to persecute and harange Landlords

Happy housing

12:02 PM, 28th July 2023, About 9 months ago

It's not being a LL anymore, it's been re branded. Provide social housing that's what there saying now, they don't care about your losses.

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