Does a tenant have to give notice on a SPT, when a s.21 has been issued?

G_M

tumbledowngirl wrote: »

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The LA has also said we should not market the property until it is vacant, because the s.21 grounds we have used are not mandatory possession.

??????????/

A S21 Notice does not have 'grounds'. Provided a S21 is valid, a court must grant a possession order - it is mandatory, and no reason for the required possession is needed.

A S8 Notice has grounds (there are 17 of them listed in Schedule 2 of the Act), some of which are mandatory and some discretionary.

tumbledowngirl

G_M wrote: »

??????????/

A S21 Notice does not have 'grounds'. Provided a S21 is valid, a court must grant a possession order - it is mandatory, and no reason for the required possession is needed.

A S8 Notice has grounds (there are 17 of them listed in Schedule 2 of the Act), some of which are mandatory and some discretionary.

This is what has completely baffled me in the LA' s email.
I have no idea what on earth he means - surely, we are going down the very standard s.21 route to regain possession of the property?
I am seriously worried by just how incompetent the LA might be! Is he also wrong that we can't discuss anything with the tenant beyond the notice date?
He also failed to reply to my request to reissue the PI....alarm bells are ringing.

anselld

tumbledowngirl wrote: »

In a nutshell, I mailed him to request he re-issues the PI and reminded the tenant that rent will continue to be due while he stays in the property.

It is a requirement to reissue the PIs when the tenancy moves from fixed to periodic. It is your neck potentially on the line for 3x deposit so *instruct* the LA to do it or do it yourself.

tumbledowngirl wrote: »

The LA responded that no further notices were required. The T has said he will leave on 03/12 in accordance with the notice, and the LA says that if we discuss beyond this date with the tenant, our s.21 will be thrown out of court.

An element of truth depending on what was "discussed". If a new tenancy was offered for example it would invalidate s21

tumbledowngirl wrote: »

The LA has also said we should not market the property until it is vacant, because the s.21 grounds we have used are not mandatory possession.

Again, an element of truth in that s21 is not a notice to quit and only a court can order the tenant to leave. However there are no grounds and possession is mandatory if s21 valid and correctly served.

tumbledowngirl wrote: »

Any advice would be much appreciated.

As I said earlier - sack your agent.

tumbledowngirl

I'm wondering if the LA has served the s.21 incorrectly, and is trying to cover it up by doing everything he can to make sure the tenant leaves of his own accord, by treating him with kid gloves.

Blimey, I would have thought serving a s.21 was everyday stuff for a busy agent. :eek:

jjlandlord

Surely you have a copy of the notice, along with the documentation re. service.

In any case, I'm sure that by now you know full well that such notice does not guarantee at all when you'll get possession of the property.

tumbledowngirl

jjlandlord wrote: »

Surely you have a copy of the notice, along with the documentation re. service.

Nope, nothing - just an email from the agent, saying it had been served and expired on the 3rd December.
I'll ask him for a copy today. We have continually asked to be copied into everything that's sent out, regarding the tenancy but it's been hit and miss.
The LA assures us that the majority of LLs are happy to leave him to manage their properties, ie we're an anomaly for wanting to be kept informed at every stage.

Pixie5740

tumbledowngirl wrote: »

The LA assures us that the majority of LLs are happy to leave him to manage their properties, ie we're an anomaly for wanting to be kept informed at every stage.

Another way of looking at that is his other clients are just ticking time bombs waiting to be sued by a tenant.

tumbledowngirl

Pixie5740 wrote: »

Another way of looking at that is his other clients are just ticking time bombs waiting to be sued by a tenant.

We're struggling to find an LA who we can actually trust and work with - this is the second one we've used.
My husband works away quite a lot and I have an incurable illness that lays me up at times. We are constantly having to check that the LA has done what he should. Trouble is, I understand from friends who are LLs that all the agents round here are the same.

Pixie5740

If you're constantly having to chase the LA wouldn't it be simpler just to self manage. Then you only have to deal with tenants rather than tenants and the letting agency.