Reasonable costs for serving a Section 8 & 21?

saajan_12

There's 2 questions: 
1) Do you owe damages for the LL's notices? 
-> Possibly for the Section 8, as that is due to your breach of the agreement to pay £x rent on date y. Certainly not for the Section 21s, as that is inherently the LL's choice to serve because they want the property back - nothing to do with any fault of the tenant. IF your contract states that you should leave upon expiry of a Section 21 and you don't, and IF the LL incurs further court costs / bailiff costs etc to evict using either notice, then you could be contractually liable for the monetary losses there, but sounds like you're leaving anyway.  
2) How much damages do you owe LL?
-> For the Section 8 notice only, its debatable whether you owe the solicitor costs or just the cost of DIY'ing the notice (ie stamp!). Would depend on (a) how costs are detailed on your tenancy agreement and (b) ultimately whether the judge / deposit scheme arbitrator decides the solicitor was reasonably necessary. There's a good chance they'd be denied, so don't just give in but do be ware that it is possible. Nothing for serving the Section 21, until there are court costs at least. 

greatcrested

As everyone else has said, you do not owe this ridiculous sum.

I would strongly advise you not to even reply. A reply could do 2 things

1) you inadvertantly say/write something that implies liability, which could be used against you

2) it opens up an ongoing dialogue which just causes you more stress, and doubt as to what you should do.

Ignore!

Your rent is now up to date. Good. Keep it that way.

Decide when you want to leave, then serve notice yourself properly. See the link below for how to do that. Once you leave (after serving proper notice!), write requesting your deposit back.

If your deposit has not been protected, or was protected late (more than 30 days), you can claim a penalty of 3 times the deposit from the LL.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 3: Deposits: Payment, Protection and Return.

theartfullodger

I'd send them one 2nd class stamp and a copy of this...

https://en.wikipedia.org/wiki/Private_Eye#Litigation

#### In the case of Arkell v. Pressdram (1971), the plaintiff was the subject of an article. Arkell's lawyers wrote a letter which concluded: "His attitude to damages will be governed by the nature of your reply." Private Eye responded: "We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: f*u*c*k* off." In the years following, the magazine would refer to this exchange as a euphemism for a blunt and coarse dismissal, for example: "We refer you to the reply given in the case of Arkell v. Pressdram" #####

[Deleted User]

I wonder if the solicitors letter was actually from a solicitor.  It sounds to me like one of those debt collector letters that try to make themselves sound like they are from a solicitor when in fact its just a debt collector.  In other words as good as a scam.

If it eases your mind try looking for them on here https://solicitors.lawsociety.org.uk/

But even if they do exist, hopefully you have read enough on here to know the charges are unenforceable.  I would be very surprised to find they do exist as a solicitor firm though. What they are saying and charging isn't correct.

Please seriously consider opening a case for non protection of deposit.  Obviously you weren't trying to run away from paying rent, this kind of situation makes me seethe (taking advantage of the temporarily vulnerable).

Dumblebore

Cheers all, much appreciated, moving out shortly and will then pop deposit protection claim in the post.

Did talk to a lawyer who said them taking cash from unprotected to pay crazy legal fees was basically theft as it was our money they used to pay their bills. Feels a bit criminal.

Thinking of adding that and going for the 3x then donating anything we get to Shelter.

Dumblebore

Oh forgot to mention despite being up to date on rent got a statutory demand for bankruptcy served saying I was two months behind plus needed to pay those legal fees (now higher!).

I'm pretty sure that's abnormal, anyone ever seen a statutory notice on top of a section 8?

Crazy stuff.

harryharry305

Dumblebore said:

Got into a spot of bother earlier this year and got a section 8 and 21 just before lockdown, 3 months late on rent in the end.
Managed to get some work and pay off all arrears/get it up to date, getting ready to move out end of month in line with original section 21 (periodic tenancy) they served. 
However, just got another section 21 in the mail for 3 months from now, plus a legal fee of £4k+ from their solicitors (!?) which they state is reasonable costs for 1 x section 8 and 2 x section 21.
They said they've already deducted this from my deposit the landlord is holding and I need to pay the landlord that amount to make them whole.
I'm quite confused and my Google Fu has failed to find what counts as "reasonable costs" incurred in remedying breaches or enforcing obligations in my tenancy agreement. 
Now I don't mind paying a bit as late rent was my fault, but are there any standards on this/guidelines?
Cheers all.

With what’s going on in the world right now you should stay put, they can’t start eviction process until September 

harryharry305

45002 said:

sweatybetty1950 said:

45002 said:

sweatybetty1950 said:

If tenants don’t have any kind of written contract or tenancy agreement, just a verbal one, can they be given 2 months notice to vacate the house.  No arrears of rent or neglect involved.

How long have the tenants been living there for ?

Approx a year......it was arranged via my son’s Mother in law who knew the owners of the house who were moving abroad for work reasons. They said my son and his wife/child could rent it for as long as they wanted and eventually buy it when they could afford to.  They said even if they returned to the UK they wouldn’t want it back as they would be buying another house. The wife is now back in the UK and living in another house waiting for her husband to return also.
She says they are going to sell the second house and want the one they rent to my son back by the end of July.
 It is in a small, very very rural village with nothing available for rent and they can’t afford to buy a property.  They are desperate for advice!

If the tenants don't want to leave. 

Absolutely No chance of getting the property back end of July.

LL would have to go to court, obtain a possession order and even then if tenants didn't leave apply for Bailiffs, with Covid-19, back logs in the courts, could be end of the year or even longer before they get the property back.

Not allowed to start possession process until end of September then the back log through the courts will be a log jam

So End of year optimistic 

end of next year looks more likely and who knows what will happen during this time, with second or third waves like most other pandemics 

AdrianC

Dumblebore said:

Oh forgot to mention despite being up to date on rent got a statutory demand for bankruptcy served saying I was two months behind plus needed to pay those legal fees (now higher!).

I'm pretty sure that's abnormal, anyone ever seen a statutory notice on top of a section 8?

Crazy stuff.

You're dealing with a grade-A fruitloop.

The statutory demand is merely a very threatening-looking warning.
https://www.gov.uk/statutory-demands
In itself, it means nothing. If they follow up with it, by petitioning a court, they will lose. They will not be awarded such ridiculous costs. It's all no more than them shouting meaningless threats at you.

One thing's for sure. You need to get moved asap... Not because their threats have any basis in reality, but because nobody needs to be dealing with muppets like this.

[Deleted User]

I still think, this is a debt collection company rather than a solicitor.