section 21

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    section 21

    I've served my tenant with a section 21. She has been in contact with the council to be rehoused and they have requested a number of documents to validate the section 21.
    They give the tenant a timeline for the documents to be produced (tenancy agreement, DPS, energy performance certificate, gas safety cert). By the time she realised she no longer had copies and asked me for them, it had gone past the deadline.
    I've been in contact with the council to provide them with required docs (except DPS as I refunded the deposit when realised I hadn't followed this rule!) They are telling me her case is closed and will reopen only if I produce another section 21 not backdated. This sounds ridiculous to me as the date for eviction isn't until 18 August, how can they tell me I should issue a new eviction notice. This seems to me to be a delay tatic whilst they try to find suitable accomodation. Any one else experienced this?

    #2
    They didn't want copies of the documents from you; they wanted proof that the tenant had received them before the section 21 notice was issued.

    Ultimately, it is the court, not the council, that you need to convince.

    I guess the council is interpreting your offer to supply them as an admission that you hadn't given them to the tenant earlier.

    Comment


      #3
      Council are happy for me to provide copies, but they want me to issue a new section 21. Agree it will be up to the courts but this will mean I will have to apply for a possession order as council won't rehome her unless I issue a new section 21

      Comment


        #4
        I would be surprise if the council rehoused before you got possession, anyway, I think what they have withdrawn is active assistance. Councils will tend to advise tenants to hold out until the bailiffs arrive. I think their duties have been increased a bit, but I can't seem them moving the tenant until possession has been granted. Maggie made it impossible for them to meet the demand a long time ago.

        There are only two reasons the council want copies:

        1) to show that tenant received them;

        2) to find faults in them that would invalidate the section 21.

        (Actually, even after possession, or even eviction, the council might only provide B&B emergency accommodation.)

        Comment


          #5
          Totally agree, tenant requires a ground floor apartment due to mobility issues. It will be hard enough to rehome her without taking into consideration her other requirments

          Comment


            #6
            The council have since contacted me asking for a reference, I wonder if they will reopen the case without me having to issue a new section 21, they are calling me later today.

            Should I admit to not using a DPS or just reiterate it was refunded. that is they only faut they will find.

            Comment


              #7
              Nade, are you not reading the replies?

              Anything you supply to the council will be used to keep your tenant in there longer!

              It is not in your interests to supply them with anything. It is the court that you need to supply with documents in due course.
              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

              Comment


                #8
                They have closed the case because they believe that is now more than 56 day until a section 21 can expire because they have convinced themselves that your notice is invalid. That means they are relieved of their duty to assist the tenant in avoiding homelessness.

                When they do assist the tenant, that is likely to include advising them to delay until the bailiffs or they find alternative private sector accommodation.

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