3 years ago | 182 comments
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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3 years ago | 182 comments
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Member Since June 2023 - Comments: 188
8:01 PM, 28th July 2023, About 3 years ago
Reply to the comment left by jackie Lines at 28/07/2023 – 19:52
Supposedly
Member Since July 2023 - Comments: 2
7:49 AM, 29th July 2023, About 3 years ago
Most agents agree with the prospective tenants within their initial vetting form which probably says that, “documents may be provided to / served on me/us via email by you, the Agent, on behalf of the Landlord, unless we specifically request a hard copy in writing”. So, if this has been accepted by the tenant and ‘How to Rent’ guide was then emailed to them then this does constitute as ’email with prior agreement’ as required by the court. If this applies, then I would recommend taking a Certificate of Service from the agent where they specifically state that the guide was ’emailed with prior agreement’.
I am having similar problem where the tenant has refused to move out despite the expiry of s.21 and am just finalising the court application to send out next week.
Member Since May 2023 - Comments: 206
8:53 AM, 29th July 2023, About 3 years ago
Reply to the comment left by Viral Shah at 29/07/2023 – 07:49
Are you doing this yourself? It’s it costly and how long does the process take? My tenant started ignoring me soon as I renewed. Served 2 notices still not moving out.
Member Since June 2023 - Comments: 44
6:33 PM, 29th July 2023, About 3 years ago
Now imagine what things are going to be like when section 21 is abolished and everything has to go through courts which will be pulled apart by lawyers plus delays and delays costing landlords thousands and thousands of pounds.
Get out of this sector and let the government and shelter house people.
We’ll soon see Gove with his tail between his legs.
If you are still letting when that bill becomes law then you deserve everything coming.
Member Since June 2023 - Comments: 44
6:34 PM, 29th July 2023, About 3 years ago
All of these problem tenants need to be put on a register.
Member Since June 2023 - Comments: 44
6:40 PM, 29th July 2023, About 3 years ago
If you’re unsure of the process then you should be using a letting agency.
I can’t believe the number of people who are complaining of the problems they are having when they’re trying to be a Landlord by themselves.
I know you want to save costs, but unless you have professional experience or you are a contract lawyer, you’re inviting problems.
Would you buy & sell a house without a lawyer?
Member Since September 2013 - Comments: 64
7:50 PM, 29th July 2023, About 3 years ago
We always use Agents to find and vet potential tenants, then before any deemed suitable tenant can move in, we always meet them, usually on evenings or weekends, so that we, and they, know who they are dealing with in future. Didn’t manage to do this during Covd, for obvious reasons, and ended up with a tenant who is a bit stroppy.
Then we send the tenant two identical, numbered, paper copies of the How To Rent, plus any other relevant paperwork, signed and dated by ourselves. Below this, another section created by ourselves, whereby the tenant confirms, by dating & signing, receipt of the paperwork.
The tenant is asked to sign both copies, keeping one for themselves, whilst sending the other back to us, in the stamped, addressed envelope provided. All a bit time consuming, but at least we have a hard copy, signed & dated by all parties, showing the documents were served. To date this worked well for us, and saves the hassle others seem to have got into.
Member Since May 2023 - Comments: 206
7:57 PM, 29th July 2023, About 3 years ago
Reply to the comment left by Tony Johnson at 29/07/2023 – 18:40
I’ve had a letting agent for sometime and I’m going through pure stress for the last year. Agent are sales people to they will do what they need to but they know the responsibility is on the LL. It’s funny why don’t you get the same problems with the social sector like you do for the private sector.
Member Since May 2023 - Comments: 206
8:02 PM, 29th July 2023, About 3 years ago
I know s21 is probably not the best approach no reason but they need to find a quicker process, this database will take yrs to get in on track, they could probably scrap it if its not efficient
Member Since September 2013 - Comments: 64
10:27 PM, 29th July 2023, About 3 years ago
Reply to the comment left by Happy housing at 29/07/2023 – 19:57Social housing providers also get plenty of hassle with many tenants. I don’t know why you think they don’t, plus they frequently don’t have a lot of choice over the quality of tenants they are obliged to accept. As a retired EHO with many years of housing experience, I could confirm many times over that this is the case, plus I live in an area that used to be 100% social housing (Now 50%?), and so continue to see some of the problems they still encounter.