Tricky Eviction Situation

by Readers Question

12:31 PM, 5th December 2014
About 4 years ago

Tricky Eviction Situation

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Tricky Eviction Situation

I have a tenant in possession of tenancy agreement which was signed by an estate agent. However, this company ceased trading and the property is managed by a new estate agent. Rents are regularly being paid. However, I would like to evict the tenant for maintenance purposes.

Can I issue a Section 21 Notice and start accelerated proceedings to evict the tenant?

If so can use the same old tenancy agreement.

Thanks

Raj

Tricky Eviction Situation

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Comments

Mark Alexander

12:40 PM, 5th December 2014
About 4 years ago

Hi Raj

I have lots more questions than answers I'm afraid Raj.

Was a deposit taken and was it protected within 30 days? If so was the depoit protection certificate and prescribed information served correctly?

Did your new letting agent serve the correct notices when the management was transferred?

When did the tenancy start and how long was the fixed term?

Has the tenancy been renewed at any point? If yes, see my initial questions regarding deposit protection.

Why isn't your letting agent dealing with this for you and which redress scheme does he belong to? Also, has he got professional indemnity insurance that you can claim on in the event of negligence on his part causing you financial damages?

The best advice that I can give you at this stage is to consult the experts. It could save you a lot of money in the long run and it is definitely what I would do, despite having over 25 years of experience!

See >>> http://www.property118.com/tenant-eviction/
.

Mark Alexander

13:59 PM, 5th December 2014
About 4 years ago

PS - if you think eviction is easy, even without the possible issues I've raised above, take a look at this thread >>> http://www.property118.com/possession-date-tenant-still-next/69798/
.

Colin Dartnell

17:36 PM, 5th December 2014
About 4 years ago

Hi Raj

Do you have to evict the tenant, will the works be so disruptive, or could you offer reduced rent and keep a tenant who pays regularly and at least have an income while the work is being done and the security of having someone on site. Also no hassle of all the points Mark has laid out.

Or will the rent increase a lot once the work is done and you want to re-advertise at a higher rate.

Tessa Shepperson

8:49 AM, 6th December 2014
About 4 years ago

Subject to there being no deposit or HMO license related issues, the fact that the property was let via an agent should not prevent you from using a section 21 notice. You do not need to issue a new tenancy agreement first.

However if the tenancy agreement did not disclose that the agent was acting as agent you will need to make the tenant aware that you are in fact the landlord first.


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