Landlord sacks letting agent during eviction process

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    Landlord sacks letting agent during eviction process

    Hi

    I have had a nightmare neighbour issue for a long time and engaged with the letting agent to resolve this. The letting agent served both a section 21 and section 8 due to anti-social behabiour and rent arrears respectively, but the hearing was put on hold due to the pandemic. The hearing eventually took place and the tenant was told to be out by 23rd Dec 20. They didn't leave and so the Letting Agent pursued it further for a referral to the bailiffs. Unfortunately the owner of the property has become dissatisfied with the length of time it has all taken and has sacked the letting agent this week.

    My question that I need advice on is - if the Letting Agent was pursuing the eviction on behalf of the owner can the owner just take over the court proceedings or will they have to start from scratch? I am worried that if they have to start from scratch the rules have obviously changed re Section 21s and Section 8s regarding notice periods etc and we will be stuck with this neighbour for a long time when we thought we only had a few more weeks until they were evicted.

    Grateful for any advice.

    #2
    A letting agent is not allowed to represent a landlord in court anyway, so it would always have to be the landlords case. Who are you in the scenario?

    Comment


      #3
      I am the poor neighbour waiting for the nightmare tenant to be evicted.

      Comment


        #4
        I take it you do not have the LL's details so you can ask him or her directly ? It would seem very odd indeed if they took the chance of letting a non paying nightmare tenant stay longer than they should be.

        Comment


          #5
          The LL is an elderly lady who lives in Majorca and it turns out she is unaware of it going through the court and her relationship with the letting agent has broken down. I think I need to get back in touch with the letting agent and try to get her to re-engage with the LL to at least pass on the details of the court process so she can contact the court herself.

          Comment


            #6
            The landlord sacking the letting agent doesn't change the legal situation, so the issue can still be passed to bailiffs (assuming a court made a possession order).
            The landlord would either have to have attended court if there was a review or appointed a solicitor,
            If there was no court review (so the notice was s21 and the tenant didn't offer a defence) everyone was very lucky.

            I can't see what incentive the agent has for re-engaging with the landlord (who sounds stupid to sack them).
            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


              #7
              Is the landlord being unreasonable in her expectations of how long it takes to evict someone at the moment? It has taken me three months waiting for the review date. Goodness knows how much longer it's going to take to get the people living there out (S8 now 10 months rent owing). I know they will wait for bailiffs.

              Comment


                #8
                Thank you for the replies. The landlord sacked the letting agent as it turned out they hadn't done what they said they had. The landlord has engaged a solicitor to deal with the eviction and when they asked the agent for the court paperwork they didn't provide anything. So they have started again and served the notices a few weeks ago. So we just have to wait for it to proceed through the court process.

                Comment


                  #9
                  The perils of using an agent for important work....... some are good, most are not.

                  Comment

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