moore78 Posted February 11, 2012 Report Share Posted February 11, 2012 i hope someone will be able to help me. about 6 years ago my mother had to go into a nursing home she did not want to sell and the property was let to a family we di not give them a written agreement as we were told that we did not need to do this. my mother passed away a year ago and i would like to sell the property. i have been told that i need to serve a section 21 notice I have asked an agent about this and they just seemed to want to manage the property. can someone give me some information what i need to do and if i need a solicitor. Thank you in advance for any assistance you can give me. Link to comment Share on other sites More sharing options...
Richlist Posted February 11, 2012 Report Share Posted February 11, 2012 Who owns the property now ? and please describe the circumstances eg was probate granted etc. Link to comment Share on other sites More sharing options...
LLAW96 Posted February 11, 2012 Report Share Posted February 11, 2012 I think your question has been asked a few times on this forum. Provided probate has been resolved then it will be simply be an issue of serving a notice under S21(4)(a) Housing Act 1988 and then issuing proceedings in the county court if your tenant does not move out. As you do not have a written agreement there will have to be a court hearing. If you just want help in completing the appropriate form you can email thousingteam@yahoo.co.uk this is an execution only service and they will prepare the appropriate notice/claim form for you and provide you with guidance. Link to comment Share on other sites More sharing options...
Melboy Posted February 12, 2012 Report Share Posted February 12, 2012 Probate will be essential as you have no authority to sell your late Mother's property if, of course, you have not done so already. The cost is £104 with a big application form to complete but it is straightforward and your property selling Solicitor will need a sealed copy of probate which is available at an extra cost of around £3 at the time of application. HMRC are automatically informed of your intentions so be aware they may want to question you if your late Mother's estate exceeds the Inheritance Tax threashold. Mel. Link to comment Share on other sites More sharing options...
moore78 Posted February 12, 2012 Author Report Share Posted February 12, 2012 Thank you for your help i have been through administration and the property is in my name. LAW i will email them tomorrow i just want help with the notice and to make sure i do everything right. Link to comment Share on other sites More sharing options...
moore78 Posted February 13, 2012 Author Report Share Posted February 13, 2012 Just to say thanks loads LAW emailed this morning and got my s.21 notice with some guidance on issuing my claim this afternoon, i had no idea what was involved but i think that i will have my property back soon. Link to comment Share on other sites More sharing options...
julles Posted February 13, 2012 Report Share Posted February 13, 2012 Hi Alex78 Good to see your now going in the right direction,and I hope you do get the property back soon. The S21 needs to run for 2 months and if the tenant does not leave at the end of that notice you will be waiting another couple of months for court. But you will get there ,lots of help on the forum Good luck Link to comment Share on other sites More sharing options...
prolandlord Posted February 15, 2012 Report Share Posted February 15, 2012 Glad to hear that, we are wishing you the best. You are doing everything right so you don't have to worry. Link to comment Share on other sites More sharing options...
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