New landlord needing help with Agents, s21 and court

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

    New landlord needing help with Agents, s21 and court

    Hello. I'm a new landlord and decided to use am agent as full management to take away the worry from me. I've had tenants in the property who moved in October for a 6 month term. The agents served them s21 in feb as I urgently need the property back for a family member

    I get a call from our agent last week advising me to seek legal advice as the tenants are applying for a council house and the council have told them their "legal rights" of being entitled to a legal eviction from us! I'm going to be putting in a claim for accelerated possession (they're due to leave 30.04.14) so obviously I can't do anything until the 1st but the council have very kindly asked the tenants to ignore contact with my agents and to stay in the property or else they are making themselves voluntarily homeless and they won't get the council house.

    As my horror story unravels I'm gathering all the docs from the agent to do the court claim (n5b) and discover the AST isn't signed by the tenants (only computerised), its not witnessed and the address is (slightly) wrong! Consequently the s21 is served in the incorrect address.

    Agents have dismissed anything to do with court as its "beyond their remit" but as a first time landlord I'm really worried about putting in these docs to court as I don't want them thrown straight out.

    Can anyone advise me? To put it nicely I just want my house back but what's the quickest and correct way of doing so with the above agent errors?

    Also does anyone know if my claim did get rejected and I had to serve another s21 and they didn't leave... Would I have to pay the courts again?

    Sorry about the essay but any advice is much appreciated!

    Thank you

    #2
    Who drew up the incorrect AST and whos responsibility was it to get it signed?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      The agents responsibility. I pay them for full management. 6 months ago I told them to change the ast but now I find out they never did when all of this has come to light.

      Comment


        #4
        Have you got a copy of your contract with the agents?

        I would start by explaining to the agents that they are responsible for any losses that you incur as a consequence of their mistakes.
        They might have tried to set off that liability in their agreement with you, but it's likely that any such clause is unfair (but this isn't necessarily be the case).

        The agreement not being signed or correctly completed is a complication, but not the end of the world.
        Contracts can be verbal, and, as they've presumably been living in the right property and paying the right amount of rent, can be presumed to exist.

        However, getting someone evicted is not a short process, and you should be prepared for several month's delay.
        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


          #5
          Originally posted by Dobk View Post
          .... The agents served them s21 in feb as I urgently need the property back for a family member

          ....
          ....
          Even had the S21 been perfect there is no way you'd get property back urgently. Even a valid S21 does not end tenancy nor require tenant to leave: Court process thereafter takes months..

          Family member will need to make other arrangements: Perhaps present to council as homeless - which seems to be what you expect your tenant to do??

          Cheers!
          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
            Originally posted by Dobk View Post
            Consequently the s21 is served in the incorrect address.

            Agents have dismissed anything to do with court as its "beyond their remit" but as a first time landlord I'm really worried about putting in these docs to court as I don't want them thrown straight out.
            Is the property address the same as the address on the Sec 21?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment

            Latest Activity

            Collapse

            Working...
            X