Local authority tells tenants not to leave the property?
3 years ago | 182 comments
Served S21 and tenants are still refusing to leave the property?
12:04 AM, 28th July 2023, 3 years ago
34
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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Member Since May 2023 - Comments: 206
11:09 AM, 28th July 2023, About 3 years 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.
Member Since May 2023 - Comments: 206
11:16 AM, 28th July 2023, About 3 years ago
Sorry it does need to be signed by the tenant yes.
Member Since May 2023 - Comments: 206
11:17 AM, 28th July 2023, About 3 years ago
So was it signed?
Member Since July 2019 - Comments: 5
11:22 AM, 28th July 2023, About 3 years 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.
Member Since February 2023 - Comments: 8
11:22 AM, 28th July 2023, About 3 years 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.
Member Since May 2023 - Comments: 206
11:27 AM, 28th July 2023, About 3 years ago
Missed a dot. Unbelievable so strict. Turns into a nightmare
Member Since March 2023 - Comments: 39
11:39 AM, 28th July 2023, About 3 years 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.
Member Since May 2023 - Comments: 206
11:48 AM, 28th July 2023, About 3 years ago
Are the solicitor’s serving the notice?
Member Since June 2023 - Comments: 188
11:58 AM, 28th July 2023, About 3 years 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
Member Since May 2023 - Comments: 206
12:02 PM, 28th July 2023, About 3 years 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.