Another Sec 21 Notice

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    Another Sec 21 Notice

    We are a recent landlords after moving house. The house is a four bedroom in England, managed through a letting company, EPC, Rent protection, inventory etc were all done including the necessary checks on the tenants. The tenancy was setup for 12 months, ending in March 2021. Right from the start we have had problems which I initially thought were random chance - problem with circuits tripping, leaking plumbing (given that we had lived in the same house for 6 years without any problems) which were all fixed quickly by the letting agency.
    During the six months we have had payment issues with rent - 3 times, and the most recent has been over due by 2 weeks. The tenants have never setup Standing order/DD as per the tenancy agreement and it has always been lame excuses from them to the letting agents. The tenant is an employee of military!

    After getting frustrated with the letting agents - I asked them to not extend the tenancy beyond the end date.

    They have issued a Section 21 notice
    1. Is that the right thing to do?
    2. If I want to change the letting agents, how should I go about doing this? Is it better to wait till the end of tenancy and everything is sorted.

    I'd rather leave the property empty that deal with the same letting agents again! Sorry for the rant, I expected a bit better service from the letting agents for the amount of money they are taking.

    #2
    The only way for a landlord to bring a tenancy to an end unilaterally without one or more of a specific set of reasons is to serve a section 21 notice, and if the tenant doesn't co-operate, take them to court and, having won (which isn't always the case), engage bailiffs.

    It's quite likely you would have to attend court, the agents can't do that for you.

    What you can do about your agreement with the letting agents will depend on the wording of your contract with them.

    If the problems with the property were genuine (which they seem to have been if things needed fixing), the only issue is some slightly delayed rent.
    That's far from uncommon.
    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
      S8 for arrears. Examine your contract not terms agreed with agent about cancelling/changing agent, 1st. Sorry can't read it from here.

      Non payment if rent is an expected risk for any landlord. My rule of thumb is be certain you can cope with at least 7 months of no rent from tenant-from-hell (or agent-from..). Tenants tend to be "tougher" on properties than owner-occupiers (obvious reasons).
      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


        #4
        Thank you both for the reply.
        Coping without rent is not a problem. I appreciate that the care towards a house will be different from the tenants compared to owner-occupiers.
        I am hoping the tenants would move at the end of the agreement. Post christmas, will start reading about taking them to court. I understand it will be a long process.

        Comment


          #5
          The time to start checking things is now.
          Agents are often not very good at serving notices and can introduce serious delays.

          For example, the notice period for a section 21 notice today is four months, but from October 1st it's two months.
          So serving a s21 notice this month was a complete waste of time.

          Unless you're planning to sell up, I don't really understand the purpose of serving notice - maybe I've misunderstood.
          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


            #6
            Originally posted by jpkeates View Post
            The time to start checking things is now.
            Agents are often not very good at serving notices and can introduce serious delays.

            For example, the notice period for a section 21 notice today is four months, but from October 1st it's two months.
            So serving a s21 notice this month was a complete waste of time.

            Unless you're planning to sell up, I don't really understand the purpose of serving notice - maybe I've misunderstood.
            This is why I think the current letting agents are not very good! All I asked the letting agents was to make sure the tenancy ends on the last day as per the contract and not to extend it.

            Comment


              #7
              Thanks to Thatcher's 1988 Housing Act a tenancy continues, monthly periodic, if tenant remains in occupation.

              Unless evicting tenants through court prior you / agent cannot (legally impossible to) prevent this.

              Education?
              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


                #8
                Originally posted by ispookie View Post
                This is why I think the current letting agents are not very good! All I asked the letting agents was to make sure the tenancy ends on the last day as per the contract and not to extend it.
                They can't do that, it's not possible.

                They're doing the only thing they can that has a reasonable chance of bringing the tenancy to an end.
                I'm not sure you really understand the position you're in and what's possible and what isn't - you're proposing to make people homeless because they paid their rent a couple of weeks late.
                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

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