Section 21 process. Next step?

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    Section 21 process. Next step?

    Hi,
    I posted my situation in HMO section and am now in the middle of a section 21 eviction of two dss tenants. http://www.landlordzone.co.uk/forums...nherited-a-HMO
    I've never had to do this before so I'm hoping for some advice as to what to do next.

    My best case scenario would be for them to leave without a fuss so I can do a refurb on the house and let it out to a family

    The tenants are on individual AST's but I think my letting agent has issued only one Section 21 notice. Is this incorrect? Should two notices have been issued?
    Both tenants are DSS and I think one has mental health issues. I hope I don't have to forcibly evict but if I do am I correct in assuming that the tenants are both liable (through the courts) for the costs of eviction?

    On another note, the agent we use is either incompetent or very clever and I've long suspected she's made deliberate mistakes to keep the tenants in the house for as long as possible.
    I was wondering, how easy would it be to have the tenants rent sent directly to me and just bypass her completely. She's made quite a lot of mistakes including letting the house to 3 tenants with no knowledge of HMO regs, not taking deposits for the DSS tenants, putting the tenants on separate AST's leaving me liable for council tax etc etc. I should add that I do not have a written contract with her. I don't know if this could work in my favour or not. With such a catalogue of errors, do you think I could sue her for mismanagement of my property?

    All advice welcomed.

    Many Thanks

    James

    #2
    You entered into an agreement with your letting agent - we have no idea what it said but I'll bet it covers the receipt of rent via the agent. What does it say?

    If 2 tenants on separate AST's then 2 Section 21's will need issuing.

    What are rental period dates on the one that has been issued?

    Who decided it was an HMO - have the council advised you to get a licence or refused one?



    Freedom at the point of zero............

    Comment


      #3
      There was never any written agreement signed by either myself or my Father who found the agent so I'm assuming that their standard agreement applies. I don't know where that leaves me legally but once again, I assume it would make it easier for me to extract myself from any business dealings with them. Perhaps I'm assuming too much?

      As it turns out, there were 2 S21's served. There are no rental period dates but they have an expiry of August 14th. The initial 6 month AST is over.

      The council decided it was an HMO when there were 3 people in there (one moved out) and then planning said it would be refused permission to convert due to the area it was in.

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