Problems with a debt collector not doing their job

fatbelly

Yes

On the other hand, a s8 gives them an opportunity to defend the claim by paying back the arrears either completely or partially.

If you definitely want the tenant out, a s21 is the better route - no defence if done properly.

We don't know which one they used

Pixie5740

That depends on what ground(s) you issue a Section 8 using. A Section 21 would only be of use if the tenant was no longer in a fixed term or nearing the end of a fixed term. There are ways of defending against a Section 21 if the landlord (or an agent acting in his/her behalf) has messed up something like deposit protection.

To be honest if I were the OP I would have lost faith in the letting agency since they have decided to use a debt collection agency (how much are they charging the OP for that privilege?) who have no real power rather than serving court papers and having the arrears dealt with in court after which a bailiff who does actually have some power can pursue the tenant for arrears.

Marktheshark

The OP would have had to sign the S8 themselves, however even so they will not know if it has been served, the agent may be lying.

I would be looking to draw a redline underneath both the incompetent agent and the tenant who thinks they can live rent free.

The agent would be sacked and a S8 served on the tenant by the landlord after a door visit just to make sure they are not paying the agent who is pulling a fast one, they may have repair issues the agent is not dealing with, introduce yourself as the landlord, if it goes badly serve the S8.

If the tenant can pay, take the rent and arrears directly from them and give them a receipt and standing order details.