Letting agent Served invalid Section 21

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Letting agent Served invalid Section 21

    I use a fully managed service but when a Section 21 was served to my joint tenants on 14/08/2020 I noted it was 2 months not the 3 required by covid. I raised concerns by phone and even emailed the director only to be ignored. My tenant has been told the S21 is invalid so knows she can stay put while not paying rent. When I told director on 01/10/2020 that I was taking legal action he suddenly produced a 2nd S21 dated 17/08/2020 but nobody has received it and he does not have proof of posting. He states that as long as he completes form N215 the S21 will be deemed as served by the courts.
    Is this true and will I be wasting my time pursuing breach of contract?

    #2
    It will depend on whether the court believes the agent (who won't be in court) or the tenant who will say (accurately I'd guess) that the notice was never sent to them.

    You, who will be in court, and (I suspect) believing that the notice was never sent, will have to lie.
    In fact, in submitting the (almost certainly) fraudulent N215 notice you are committing an offence.

    If you really do believe the agent, you'd be fine submitting the form and making the argument in court.
    If the agent is prepared to come to court to support their claim, who knows...
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      My contract with agent ends on 10th Nov and there's no love lost so I doubt he would attend court. He insists he served the notice but I dont want to get into trouble. One of the joint tenants moved out due to relationship breakdown and he didn't get a copy either. Maybe I should cut my losses and issue a new S21 or wait til tenant is 6 months in arrears and issue a section 8? So frustrating that if the correct notice had been given I wouldn't be facing a further 6 months or more before can sell my house.

      Comment


        #4
        You may have a agent who is telling the truth and a T who is lying, you could have a situation that the agent is lying and the T is telling the truth. I personally would be on the agent's side, since the majority of T's (in my experience) who are facing eviction will try and delay as much as possible the possession.

        Comment


          #5
          The majority of tenants receiving an s21 depart on expiry or prior to start of court action.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            I got some legal advice before serving a Form 6A (S21) on 21/08/20, specifically what notice I should give. I'm pretty sure the advisor said, 3 months but if you put 2 months by mistake it doesn't invalidate the notice. He wasn't a solicitor, he was an insurer, and my memory's pretty good but not infallible. But might be worth double checking.

            Comment


              #7
              Yes it does invalidate the notice ūüôĄ

              Comment


                #8
                123Landlord,

                I sincerely hope you didn't pay for the advice because it's wrong.

                Why would you seek legal advice from an insurer? Use a solicitor/barrister. At least they are insured for screwing up . . .

                Comment


                  #9
                  Ask the agent for proof of service. If he has evicted before he would know it will be asked for if disputed. If he hasnt, ask for for a signed declaration from him stating he did serve it.

                  Comment


                    #10
                    The agent will have to complete a court form to arrest that they served the second notice which, it looks like the agent is prepared to do.
                    ‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč
                    Originally posted by Jon66 View Post
                    I sincerely hope you didn't pay for the advice because it's wrong.
                    Seconded, it's absolute nonsense.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Of course the advisor didn't tell me to purposely serve an incorrect notice! As I said, he advised me to give 3 months' notice. Any comment he may have said about the validity of a 2 month notice applied to some hypothetical third person, not me. I use the legal advice line of my legal insurance provider 1) because I can and 2) to make sure nothing I do or don't do will invalidate a future claim.

                      Comment


                        #12
                        123Landlord it's still wrong. The notice will be invalid with all of those consequences of financial losses discussed on this forum.

                        If you want to know the current law use legislation.gov.uk where the codified law is published. However you have to take that in conjunction with subsequent case law.

                        Your insurer is talking crap and if that is what they told you, get your advice elsewhere. Either way your insurer is not able to give you correct independent impartial advice.

                        Comment


                          #13
                          Originally posted by 123Landlord View Post
                          Any comment he may have said about the validity of a 2 month notice applied to some hypothetical third person, not me.
                          It would have to be a hypothetical person living in a different country under a different legal system.

                          If the requirement for a s21 notice is that a minimum of three month's notice is required, serving one with two month's notice means it would not be valid.
                          It would, very specifically, invalidate the notice.

                          Telling you otherwise isn't a trivial mistake to make.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment

                          Latest Activity

                          Collapse

                          • Landlord has changed Letting agency
                            by Yellow40
                            Hi Looking for some help as for some reason this has my Anxiety through the roof, I have lived in the same private landlord in the same property for 7 years, They have now decided to go with a lettings agency who have contacted me today as i need to sign a new lease and complete an application form...
                            07-12-2021, 14:50 PM
                          • Reply to Landlord has changed Letting agency
                            by jpkeates
                            Hi, again, welcome.

                            Just tell the agency that you do not wish to sign a new lease thank you very much, nor do you wish to complete an application form for your home.

                            My guess is that the application form is part of a rental guarantee insurance that the agent have offered the...
                            07-12-2021, 18:02 PM
                          • Reply to Landlord has changed Letting agency
                            by Yellow40
                            Thank you so much for your reply, It seem odd to me, Appreciate your time....
                            07-12-2021, 16:31 PM
                          • Reply to Landlord has changed Letting agency
                            by theartfullodger
                            That the agent or indeed landlord changes does not mean you need to sign or otherwise agree to a new tenancy agreement. Nor any changes to the tenancy agreement. Nor any application form, nor supply ID. (PS You might ask agent first for proof of ID: That'll surprise them, but clearly they think it's...
                            07-12-2021, 16:20 PM
                          • Reply to Landlord has changed Letting agency
                            by doobrey
                            There are plenty of valid reasons why the landlord may have changed agent. I have done it myself. The outgoing agent could be closing down, putting their charges up. Or they may just have been judged not to be very good at their job.

                            The new agent is right (and obliged) to check that you...
                            07-12-2021, 16:09 PM
                          • Reply to Letting Agent asking for commission of I renew tenants privately
                            by jpkeates
                            It depends on the terms of your agreement with them.
                            My agreement with my letting agent wouldn't allow them to do that in anticipation of me owing them money, only if I actually owe them money.
                            05-12-2021, 10:49 AM
                          • Letting Agent asking for commission of I renew tenants privately
                            by meyou5ick
                            Dear all,

                            I was letting my place to tenants that were sourced by this estate agent. The estate agent however misrepresented myself and misled the tenants about what's included in the monthly rental cost. The tenant had complained to the agent however, I had to pay for 6 months of services...
                            29-11-2021, 16:04 PM
                          • Reply to Letting Agent asking for commission of I renew tenants privately
                            by meyou5ick
                            They have now withheld my rental payment (last one of this contract) because they think I won't pay them once I go private contract from next month. They surely cannot hold my rent just because they think I'll not pay after the end of tenancy if I plan to keep the tenants?...
                            04-12-2021, 17:52 PM
                          • Letting agent merged with another
                            by Aly
                            Hi all , I have been with my letting agent and had the same tenant for 9 years , this week I was notified that my old letting agent had merged basically sold out to a new letting agent , they gave no notice and no option to opt out from them , I said I didn't want to merge with them as we were going...
                            03-12-2021, 21:02 PM
                          • Reply to Letting agent merged with another
                            by doobrey
                            And... does it?


                            A similar thing happened to me. My agent sold out without prior warning to another firm which I had no particular wish to deal with. I was able to give the new agent notice, though, and I did.

                            It was messy, for a couple of reasons. Firstly my tenants...
                            04-12-2021, 13:55 PM
                          Working...
                          X