Steve Oldbury Posted September 21, 2013 Report Share Posted September 21, 2013 Hi All I'm new to this forum. We have an Agent who has so far got us poor tenants who seemed ideal until their circumstances changed. The latest one has been served notice to quit over non-payment and at the end of the 2 months the agent went to the house. The lady who lived alone now has a boyfriend and she refused to let the agent in. All talk was with the boy fiend who "knows his rights" and is not leaving despite no rent being paid for the past few months. The agent is seeking legal advice on the next steps re repossession. We can't be alone in this surely. Any advice much appreciated folk! Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2013 Report Share Posted September 21, 2013 Hi All I'm new to this forum. We have an Agent who has so far got us poor tenants who seemed ideal until their circumstances changed. Thats not the agents fault how can he foresee a change in circumstances? If they were ideal when they moved in surely he has done his job correctly? It would have been better for the tenant to have a guarantor though. The latest one has been served notice to quit (was this a section 21 or section 8?) over non-payment and at the end of the 2 months the agent went to the house. The lady who lived alone now has a boyfriend and she refused to let the agent in. The agent has no legal right to enter unless there is a emergency (such as gas or water leak) or a court order granted.. All talk was with the boy fiend who "knows his rights" and is not leaving despite no rent being paid for the past few months. The boyfriend is correct you can not just chuck them out. The agent is seeking legal advice on the next steps re repossession. It is normally the landlord who would seek legal advise but the agent should at least know the basics and explain the options open to you. Has the agent served (correctly) a section 21 and a Section 8 notice? If not why not? I would also ask him if the deposit has been protected and ask for a copy of the certificate from scheme used because if that hasn't been done correctly it has implications in trying to evict the tenants. I am guessing your agent is a small one man band. We can't be alone in this surely. Any advice much appreciated folk! Going bank to the section Link to comment Share on other sites More sharing options...
Mortitia Posted September 21, 2013 Report Share Posted September 21, 2013 Your agent is not responsible for evicting your tenant - you are. Is the deposit protected and the prescribed information given? There is no such thing as a 'notice to quit' - a common myth. You get rid of such tenants by Section 8 notice or Section 21. The 1st one is quicker if there is no disrepair at the property, the 2nd guarantees possession but takes longer and you must be able to prove that the deposit is protected etc. The boyfriend has no say in the matter. Get a solicitor who specialises in this or try this one - highly recommended Tenancy Services Ltd, freephone 080072 707 747 I have no interest in this company but they are very reasonable and get results. Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2013 Report Share Posted September 21, 2013 Mortitia I have to respectfully correct you on the notice to quit. My understanding is a"notice to quit" is used for non-housing act/common law or company let tenancies but a lot of people including some letting agents incorrectly as you rightly pointed out confuse it with a section 21 notice. The notice period will normally be one rent period. But saying that and doing a bit more digging (I must have too much time on my hands) section 5 of the protection from eviction act 1977 is titled Validity of "Notices to Quit" http://www.legislation.gov.uk/ukpga/1977/43 so I would say a tenants notice to a landlords no matter the type of tenancy it is, could still be referred to as a NTQ. Don't you just love housing law? They make it so easy. Link to comment Share on other sites More sharing options...
Steve Oldbury Posted September 21, 2013 Author Report Share Posted September 21, 2013 section 21 was served 2 months ago and expired on 19/9.... the court will be approached now re "accelerated possession" there is a month's rent deposit held but we are owed at lest 4 months' rent and the house is said to be in a poor state of repair. it all seems weighted in favour of the tenant regardless of how wrongly they behave. Am I right? Link to comment Share on other sites More sharing options...
Melboy Posted September 21, 2013 Report Share Posted September 21, 2013 It all seems weighted in favour of the tenant regardless of how wrongly they behave. Am I right? You sure are right. Welcome to Landlording in 21st Century Britain. Your only option now is to see it all through to the bitter end but having said that take it to point that Scummies like this will have CCJ's against them and anything else that will affect them in later life regarding financial credit scores etc. It does work! Link to comment Share on other sites More sharing options...
Pete Newbury Posted September 21, 2013 Report Share Posted September 21, 2013 Hi everyone , newbie here , i'm in equal partnership with the OP and am as confused as he is. We are under 'full management' with our reputable , nation wide , letting agents. We went for the 'full management' option , as we assumed they would 'fight our corner' should a case like this arise . It is very early stages of proceedings , as S21 ran it's course on Sept 19th . The agents have informed us they are meeting with their legal team within the next week . Am i right to assume we leave all future developments for our agent to sort ? Link to comment Share on other sites More sharing options...
Grampa Posted September 22, 2013 Report Share Posted September 22, 2013 No not normally. Very few agents will take it to the next stage after a s21 has been served as you are getting into the realms of solicitors. We have in the past followed it through to eviction for the landlords but it is easy to get the process wrong and be back to square one. I don't know why you have to wait another week while the "legal team" decide what to do. They should be on the case as soon as the s21 notice period ends and submitted the N5b form to the court with all the relevant paper work. (if they actually do the eviction paperwork themselves) Another week lost is another weeks rent lost. As it is it will take about 6 weeks to get a court hearing and then the tenant will be given another 14 days to vacate and if they still don't leave a court bailiff is needed which could be another 2 weeks. On another note have you been in contact with the local council to apply for any housing benefit to be paid directly to you. You have to put it in writing explaining that you are the landlord and the arrears are more than 2 months which is the requirement to get paid direct. Do this even if you are unsure if there is a HB claim in place. Have you found out if there is a guarantor or not? Link to comment Share on other sites More sharing options...
Mortitia Posted September 24, 2013 Report Share Posted September 24, 2013 Grampa - going back to your earlier post - I should have clarified:- In the terms of an Assured Shorthold Tenancy offered since 1988 the term ' notice to quit' is invalid. Agents and others do often use this terminology but it is incorrect. The only way to evict tenants under the above agreement is to evict via Section 8 (could be problematic if there is disrepair or tenant keeps paying rent to keep just under 2 months in arrears) or Section 21(guarantees possession when issued correctly). Link to comment Share on other sites More sharing options...
snorkerz Posted October 12, 2013 Report Share Posted October 12, 2013 The only person who can start a court action is the landlord or his legal representative. A legal representative is a solicitor, lawyer, legal executive or 'ABS' regulated by the law society. The vast majority of agents are not legally qualified and CAN NOT do this for you by law - 'Legal Services Act 2007'. When agencies start getting their 'legal team' involved the cost is often separate from your standard fee structure and can turn expensive - solicitors at £200 an hour? There are established eviction companies like LandlordAction (an ABS) who will take this out of your hands for around £1000 - check if that will be less than your agents costs. There are also some companies that can work alongside you to DIY and their fees will come in considerably lower again. Link to comment Share on other sites More sharing options...
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