Advice please - tenant potentially challenging Section 21

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

  • Advice please - tenant potentially challenging Section 21

    I was an unexpected landlord when I inherited a property recently. Originally I thought I wanted to carry on but then the tenant was nagging about small repairs and when my contractor went in he said the house was very messy, there was a smell of cat urine and a lampshade and door had been damaged. So I decided as the end of the fixed term was coming up to ask the agent to issue a Section 21.

    The tenant has now gone to the council asking them to inspect the house for 'excess heat'. There is an old back burner boiler but apparently no thermostat - surely this can't be illegal? I am assuming the inspection will go fine but I am now worried the tenant isn't going to leave at the end of the fixed term.

    The homelessness team at the council have also contacted letting agent to ask for a reference as she has applied for help with housing.

    She says she is looking for other houses but if so why has she also gone to the council?

    Any advice much appreciated.

  • #2
    Has the section 21 been issued yet? Its not clear from your post.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


    • #3
      Yes, it was issued a couple of weeks ago to expire on the last day of the fixed term.

      Comment


      • #4
        If this was a valid Section 21 (i.e. Gas Safety in place, prescribed information, deposit protected etc), and was issued PRIOR to this (ridiculous) council complaint, then the Section 21 remains valid.

        The rules prohibit revenge eviction - i.e. subsequent to a formal disrepair issue being raised, not prior.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


        • #5
          PS - a thermostat (or lack of) is in no way shape or form a disrepair or Environmental Health related issue. Excess heat if she doesnt turn the heating off is her issue. I would expect (or hope) the council to agree. Bear in mind though that its possible the council may find something else unrelated.
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

          Comment


          • #6
            The council would have to find something quite significant to challenge a s21 - the relevant notices aren't trivial.

            The more likely issue will be the deposit, which can be a real bugger when it was set up by someone else.

            A bit of mess, some cat smell and minor damage and you're making someone homeless?
            Are you sure being a landlord is for you?
            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
              In fairness JPK - his tenant is complaining about "excess heat". Doesnt sound like a great tenant to me!!!
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


              • #8
                Tell him it's summer!

                BTW, interesting that landlords are castigated for issuing a section 21 notice after tenant complaint, whereas tenants complaining after section 21 notices are taken seriously.

                Comment


                • #9
                  The agent tells me everything was done properly when the tenancy was started, presumably I don't need to redo it all now?

                  Comment


                  • #10
                    Originally posted by newlandlord17 View Post
                    The agent tells me everything was done properly when the tenancy was started, presumably I don't need to redo it all now?
                    Then you want confirmation of all those items in writing to send to the court.

                    Comment


                    • #11
                      Originally posted by newlandlord17 View Post
                      Yes, it was issued a couple of weeks ago to expire on the last day of the fixed term.
                      Would need to expire after end fixed term.

                      Have S3 & s48 notices been served prior to s21?

                      Are you confident s21 was valid? Told by solicitor Tuesday that 70% of landlords s21s are invalid.
                      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


                      • #12
                        A tenant once reported me to the council because the property runs on LPG and LPG is more expensive than normal gas.- obviously the property was already on LPG when she moved in and there is no gas in this rural area! The council came out and inspected and were very nice to everyone but as you can imagine they had to disappoint her.....
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment

                        Latest Activity

                        Collapse

                        • Landlord (me) or agent to register deposit - pros & cons
                          123Landlord
                          Hello,

                          I'm writing my ideal specification for employing an agent - I'm a very optimistic person!

                          So this is hypothetical ... I'm trying to work out if it's better to get an agent to register a deposit or register it myself (even if I pay for a fully managed service).
                          ...
                          18-09-2017, 19:40 PM
                        • Reply to Landlord (me) or agent to register deposit - pros & cons
                          tatemono
                          okay... let me spell that out then to see if there are any gaps in my knowledge
                          1. I'd have to make sure that the AST contains a clause that allows notices/PI/etc to be served by email.
                          2. They'd pay me the deposit via bank transfer.
                          3. I'd place the deposit with DPS.
                          4. I'd send them the PI via email along
                          ...
                          20-09-2017, 09:24 AM
                        • Wording on AST Renewal
                          MYork
                          I have been in this property for 14 months now (15/7/16). In at the end of April I received a letter regarding renewal of my tenancy agreement. When reading the letter it states if I wish to renew or alternatively if I wish to vacate the property so I was under the assumption that these were the only...
                          19-09-2017, 19:37 PM
                        • Reply to Wording on AST Renewal
                          tatemono
                          It is not illegal (currently) for LA's to charge an admin fee for renewal of an AST. Nor is it illegal for a LL to insist that a tenancy does not go periodic but is renewed with a further fixed term. It may not be what you want and you may be right to think it's not fair, but it's not illegal.
                          ...
                          20-09-2017, 09:20 AM
                        • Taking on a lodger and interpreting mortgage terms
                          Eigentum
                          Hi,

                          I'm new to this forum and to the world of property investment. I've recently purchased a second property on a residential mortgage for the purposes of being closer to my workplace for most of the week and also to ease myself into understanding the world of property investment. It's...
                          19-09-2017, 22:02 PM
                        • Reply to Taking on a lodger and interpreting mortgage terms
                          jpkeates
                          For tax purposes, you will have to select which of the two properties you own is your main residence (as CGT is payable on the other one).

                          Your mortgage terms may not allow the situation anyway, as normally a residential mortgage is assumed to be on your main residence, not somewhere you...
                          20-09-2017, 09:02 AM
                        • Reply to Wording on AST Renewal
                          ilovelettingagents
                          I'm referring to Letting Agents that present your options as being "sign a new fixed term and pay the fee" or "move out". This is clearly misleading, as the third option of a statutory periodic tenancy is not put forward. The tenant is in no position to negotiate anything - you either...
                          20-09-2017, 09:01 AM
                        • How early do you start advertising?
                          PollyW
                          I manage my own properties and have always waited until I have a vacant flat which is ready for letting before I start advertising.

                          I have a tenant due to leave in one month and I am concerned that the later I leave the advertising, the harder it will be to fill the flat, given the time...
                          19-09-2017, 08:19 AM
                        • Reply to How early do you start advertising?
                          boletus
                          One month before, usually have a waiting list by the time it is empty....
                          20-09-2017, 08:54 AM
                        • Reply to Wording on AST Renewal
                          security2
                          Yeah, it's shocking isn't it. You sign a legal contract, under UK law, and the least you'd expect is to be able to walk away from it and for any of the terms that you agreed to and signed up for to be just ridden roughshod over...

                          Some people need to take responsibility for their own actions!...
                          20-09-2017, 08:18 AM
                        Working...
                        X