Section 21 - Please is my notice invalid

Veeo

Slithery said:

Even if the notice is valid it will probably still take 12+ months to legally evict if they don't want to leave.

Thank you 

davilown

This is why rentals should be long term - why kick out a paying tenant because you no longer need to work in the city?

Veeo

davilown said:

This is why rentals should be long term - why kick out a paying tenant because you no longer need to work in the city?

Thanks for your input. Do you know long I rented out my property for? In that time do you know how many tenants have been and gone? I knew I was going to get unnecessary comments from the likes of you 

GDB2222

Veeo said:

GDB2222 said:

A bit more info. Did you live in the house previously?

Yes I lived in the property before, moved to London and then rented it out. Moving from home now so I want to move back into my house. 

I’m not an expert, but I think that S21 was completely the wrong notice. It should have been Section 8 ground 1. I’m not sure what the notice period is but it may well be shorter. I suggest that you explain your exact situation to your solicitor and ask him about S8. 

You can serve both notices, but S8 tends to be more landlord friendly.

You pay the estate agent for this?!

CKhalvashi

davilown said:

This is why rentals should be long term - why kick out a paying tenant because you no longer need to work in the city?

While I completely agree with the sentiment of this, this doesn't help the OP, who needs to resolve their issue now under current legislation.

I'm not in the UK now, so can't check our manual for dates, however even once this is correctly served if it hasn't been, you're looking a minimum of a year to formally end the tenancy (it can only be ended by a tenant or the court) if T decides to stay. There are still a number of cases from March 2020 in the system at the moment.

GDB2222

davilown said:

This is why rentals should be long term - why kick out a paying tenant because you no longer need to work in the city?

I appreciate your point, but it’s a general political issue that you have raised previously, more than once. It would be better to have your own thread, rather than side tracking the OP's thread.

Incidentally, are you suggesting that he should just have left his house empty for however long he was away? 

grumiofoundation

GDB2222 said:

Veeo said:

GDB2222 said:

A bit more info. Did you live in the house previously?

Yes I lived in the property before, moved to London and then rented it out. Moving from home now so I want to move back into my house. 

I’m not an expert, but I think that S21 was completely the wrong notice. It should have been Section 8 ground 1. I’m not sure what the notice period is but it may well be shorter. I suggest that you explain your exact situation to your solicitor and ask him about S8. 

You can serve both notices, but S8 tends to be more landlord friendly.

You pay the estate agent for this?!

For section 8, ground 1 to be mandatory (as opposed to discretionary) prior notice had to have been given. Court can still grant landlord possession without this prior notice but not mandatory for it to do so. 

Agree solicitor is way to go, not (clearly not the sharpest) estate agents. 

Edit: added link for reference https://england.shelter.org.uk/legal/possession_proceedings_and_eviction/assured_and_assured_shorthold_tenancies/mandatory_grounds_assured_tenancies

grumiofoundation

Veeo said:

GDB2222 said:

If the estate agent drew this up as part of the management service, they were negligent. Are you suffering a loss because of that?

Yes the EA did the notice and issued it to the tenants. Now my Solicitor's are saying because the notice is invalid I need to issue the tenants another 6 months notice. Only God knows if the tenants will leave after the new 6 months so that's even I longer period that I can't have my house back. I am going to sue the EA for this, Monday can't come soon enough...I am fuming. 

The tenants are still paying rent but I just want my house back as I need to move back in. I am so sad I can't even tell you. 

Because of Covid I can now work from home so I don't need to leave in London anymore (I was renting in London). I would be saving £450 every month on rent if I moved back into my house

Would it be cheaper for you to leave London and rent somewhere to property you own.

Another option, which may sting but could be cheaper in long run, is to offer tenants financial incentive for them to agree to end tenancy early (which they have no legal need to do so, hence financial incentive) so you can move in. 

MaryNB

Veeo said:

GDB2222 said:

If the estate agent drew this up as part of the management service, they were negligent. Are you suffering a loss because of that?

Yes the EA did the notice and issued it to the tenants. Now my Solicitor's are saying because the notice is invalid I need to issue the tenants another 6 months notice. Only God knows if the tenants will leave after the new 6 months so that's even I longer period that I can't have my house back. I am going to sue the EA for this, Monday can't come soon enough...I am fuming. 

S21 notice reduces to 4 months from the 1st of June. 

GDB2222

grumiofoundation said:

GDB2222 said:

Veeo said:

GDB2222 said:

A bit more info. Did you live in the house previously?

Yes I lived in the property before, moved to London and then rented it out. Moving from home now so I want to move back into my house. 

I’m not an expert, but I think that S21 was completely the wrong notice. It should have been Section 8 ground 1. I’m not sure what the notice period is but it may well be shorter. I suggest that you explain your exact situation to your solicitor and ask him about S8. 

You can serve both notices, but S8 tends to be more landlord friendly.

You pay the estate agent for this?!

For section 8, ground 1 to be mandatory (as opposed to discretionary) prior notice had to have been given. Court can still grant landlord possession without this prior notice but not mandatory for it to do so. 

Agree solicitor is way to go, not (clearly not the sharpest) estate agents. 

Edit: added link for reference https://england.shelter.org.uk/legal/possession_proceedings_and_eviction/assured_and_assured_shorthold_tenancies/mandatory_grounds_assured_tenancies

Agreed, but the agent should have served that notice. They may have done, I suppose.

Incidentally, I have checked and the notice for s8 g1 was 6 months in October 2020.