tenant and agent nightmare

[jamesgreive]

Hi there

I am new to the forum and would be very grateful for your views and suggestions on my situation. I have been letting out my house becasue i couldnt sell it whilst I moved to look after my terminally ill father.I enagaged the services of a managing agent to manage the property. My father has since died and I know need to move back home.

I have given notice to take back posession of the property using a section 21 notice but the tenant is refusing to leave. My opinion on this is that he is wanting an eviction order to enable him to move faster up the socal housing list. yesterday I should have been able to instruct the solicitor/agent to seek a possession order through the courts, however, the agent has messed up and sent out an incorrect section 21 notice which makes it invalid . this means the notice has to be issued again delaying the process by yet another 2 months. The tenant has stopped paying rent and therefore mortgage arrears are now a real possibility.

I dont thnk I have any choice but to reissue the section 21 notice again and then the inevitable order to possess though the courts, But what is your view on the relationship with the agent/solicitor? where do I stand/ what rights do i have?does anyone have any similar experienceand could suggest the best course of action.

Hope someone may be able to help.

many thanks

[Mortitia]

Hi James,

If tenant is 2 months or more in arrears you could go for a Section 8 and get things underway quite quickly. There is always a chance that tenant will pay up before the court date but that won't be so bad for your situation. I would also stick with S21 to guarantee possession. Is tenant on Housing Benefit - check with them as he may be keeping the rent money.

As for getting compensation form agent or solicitor - well, they commonly make this sort of mistake and it is disgraceful. I would write to solicitor and agent saying that they had a duty of care to act in your best interest and demand a set amount of money for your inconvenience or you will go to the small claims court ensure they case reaches the local press. Was agent a member of ARLA - complain to them too.

Mortitia

[jamesgreive]

HI Mortita, many thanks for your reply. very helpful The solictior does seem now very keen and active to get it right this time, has acknowledged that I might want to make a complaint but has suggested we get the tenant situation sorted first. trying to be helpful or fobbing me off do you think?

thanks

james

Hi James,

If tenant is 2 months or more in arrears you could go for a Section 8 and get things underway quite quickly. There is always a chance that tenant will pay up before the court date but that won't be so bad for your situation. I would also stick with S21 to guarantee possession. Is tenant on Housing Benefit - check with them as he may be keeping the rent money.

As for getting compensation form agent or solicitor - well, they commonly make this sort of mistake and it is disgraceful. I would write to solicitor and agent saying that they had a duty of care to act in your best interest and demand a set amount of money for your inconvenience or you will go to the small claims court ensure they case reaches the local press. Was agent a member of ARLA - complain to them too.

Mortitia

[Grampa]

I agree the most important thing at this stage is to get your property back. You need to get all the paperwork from the agent (contract, inventory, guarantor docs etc) before relations break down completely. Once you have got the property back you need to caluculate how much it has cost you by having to reserve another s21 and then chase the agent, Also have a good look at any T&C's you signed with the agent because that should state what they do for there fees.

[jamesgreive]

Thanks again, your advice is very much appreciated. I have asked for the complete file but having difficulty getting even the tenancy agreement at the moment. I dont seem to have a copy. I have kept complete and accurate records but dont seem to have a tenancy agreement. iIs so long ago ( 3 years) that I dont recall if I had one or not? would it have been standard practice to receive one? I feel sure I would have it If it had been sent.

This a real learning ( distressing) curve and a lesson in being one step ahead at every stage. I just want my home back.

thanks again

J

[Grampa]

It is possible to evict without the contract but the process is similar to a section 8 hearing and you will have to appear in court.. The agent must have had a copy of the contract because even thought they filled out the s21 incorrectly no one in their right mind would normally fill one out without the contract in front of them.

I would go to their office and refuse to leave untill you get all the doc's. After all any information they hold, drawn up or collated they did on your instruction and which you paid a fee for. Also dont let them spout data protection because it doesnt apply here.

[Guest caravanj]

I'm evicting a person who's technically a T, under Section 21, but there is no written tenancy agreement so I'll have to attend court myself. I am, however, paying a specialist eviction advocate to attend with me. You need an eviction specialist who does not necessarily need to be a solicitor.