UK Landlord Forum / Life

Hi

I need to sell my investment to meet care home costs
for my mum.

I obtained valuations and agreed to sell, managing agent served
notice.

The tenant is not happy with my decision to sell, and now received
improvement notice with ridiculous list of works.

I do agree some works need doing and have reflected this in
sale price. I wish to appeal notice, I believe tenant is using it to try
and stay in property and be awkward as possible.

I am not in a financial position to pay for works.

Tenant is being uncooperative with estate agent trying to sell house
and management agency is clearly on tenants side by phone
conversations, saying they do not need to move.

I feel everyone is against me, and need some help with
Appealing against improvement notice. and ensuring tenant
vacates property.

The sequence is really important here.  From what you say, I understand that the section 21 or section 8 notice reached your tenant before the improvement notice reached you, and that the section 21 or section 8 notice is dated before the improvement notice.  Is that right?

Yes

The notice 21 was served by letting agent and then I received tenants improvement
correspondence 3 weeks later, dated 16 days later than date of notice.

I believe the tenant did not inform house was for sale or that
they had received notice to vacate.

I will be appealing, though not sure this will be sufficient grounds.

The tenant is being as awkward as possible.

Many thanks for any advice you can offer.

You can't really blame tenants for being awkward under the circumstances: it's hard to see the bigger picture when you're a couple of months away from losing your home. The managing agents, on the other hand, would do well to remember who they work for. Yes, the fact that you're selling up means that they're going to lose their fat little monthly fee but that's just business. In the meantime, they work for you and it's reasonable to expect them not to undermine you.

You can find the rules on preventing so-called "revenge evictions" in Sections 33 & 34 of the Deregulation Act 2015 - https://www.legislation.gov.uk/ukpga/2015/20/section/33 - but basically it boils down to, if 1) a tenant has complained, or attempted to complain, about the state of the property, 2) you haven't provided an adequate response, and 3) the tenant complains successfully to the council, then your Section 21 will not be valid. That's why the timing is key: if the Section 21 is served before the complaint, then it can't be a retaliatory eviction.

What might prove tricky is if your tenant has sent a complaint to your managing agent  and they've just sat on it, this could all have been going on in the background before you got your S21 in place.

Have a look also at Section 34 (2): if you've got the property on the open market for sale, then it can't be a retaliatory eviction.

The Council Improvement notice only really applies if you're letting the place out. If you're selling, you can sell  it in whatever state you like (within reason), as long as you don't mislead the buyer.

You've said that improvements do need doing, so the council are unlikely to rescind the improvement notice.  Appealing it won't help.  But it does look as if you can lawfully evict your tenant and sell your property.  You should disclose the existence of the improvement notice to any prospective purchaser.

I re-read what the OP said... is there an assumption the Improvement Notice is a formal one from the Council? The OP says - "then I received tenants improvement correspondence 3 weeks later" - so I am wondering (regardless of the timing of anything) if it has any formality at all?

Sorry. Improvement notice was from the council.

The tenant was aware of my decision to sell for months.

I wanted the tenant to remain in property, whilst being sold.

It was only after receiving negative feedback from Peter Alan
about the tenant, they recommended property be vacant
before they continue.

When I say I know works need doing, I meant redecs, nothing
like the formal list received.

I agreed with management agency if tenant found somewhere
else sooner I would not keep them too terms of agreement, as I thought this would be un their interests.

I will be writing this in appeal, that it was no longer going to
be let etc, up for sale and I was going to move in whilst
being sold, ( I made this decision later) which the management agency can confirm.

Though I believe from replies it will be easy for the tenant
to just advise complained to management agency and I will
lose appeal.

I also think (though not sure) if this notice is upheld It will prevent me getting repossession of my property and invalidate
the section 21 served.

Any advise is appreciated.

Give us actual dates of all the pertinent things that have happened... not "three weeks later" or stuff like that.

Date Management Agent served notice, Section 21, to the Tenants.
Date the Tenants first made you, or Management Agent, aware of any issues.
Date the Tenants contacted the Council.
Date the Council sent you, or Management Agent, the Improvement Notice.

You would not usually get an Improvement Notice for decoration. This is going to all boil down to whether it's considered a revenge eviction... or... the opposite. From what you've said so far, and people have identified, it appears not... so it should not stop you doing anything. You need to break the problem down into smaller chunks and deal with things in order. What you are not usually allowed to do is serve a Section 21 for 6 months after you've received an Improvement Notice.

But, reading this, it seems you can still go through the eviction process if the property is for sale, which is nice.

https://england.shelter.org.uk/housing_advice/repairs/revenge_eviction_if_you_ask_for_repairs

"In the following situations, your landlord can still use the section 21 eviction process even if the council has served an improvement notice or emergency remedial action notice."

"Landlord wants to sell the property - The landlord would need to show the court that the property is genuinely for sale on the open market. Sales to family members or a business partner don't count."

As noted:

Quote from: Simon Pambin on August 26, 2019, 10:42:32 PMHave a look also at Section 34 (2): if you've got the property on the open market for sale, then it can't be a retaliatory eviction.

I will be writing an appeal in next few days
and will have an accurate timeline from emails etc.

I was not made aware of any issues with the property from
the tenant or management agency. All inspection reports
received have always been ok.

I do not know the exact date the tenant contacted the
council as it does not state in correspondence, and officer
is on annual leave so I can not check this out at present.

My letting agent did not attend the inspection from comments
by housing officer and I was not informed of inspection.

If I lose my appeal can it stop me obtaining an accelerated possession
or selling my property, should the tenant simply refuse to vacate

Why bother appealing? I don't understand... are you implying the Improvement Notice may have been received prior to your serving the Section 21? So what? The information provided still says you can serve a Section 21 as long as you have evidence the property is for sale...

Sorry. I just read another note from you.
Yes house is genuinely for sale with Peter Alan, I can
verify this, and have no intention of selling to family.

I have just so much going on at present, and do not need
the hassle being created by tenant, though will take it
one step at a time.

Quote from: pennya on August 29, 2019, 08:19:15 AM
Though I believe from replies it will be easy for the tenant
to just advise complained to management agency and I will
lose appeal.

I also think (though not sure) if this notice is upheld It will prevent me getting repossession of my property and invalidate
the section 21 served.

Any advise is appreciated.

The tenant would need to have complained in writing to you or your agent before the Section 21 was issued. The only exceptions are in 33(4) and 33(5) - the tenant doesn't know your postal or e-mail address and has made reasonable efforts to contact you but has been unable to do so.

If the tenant didn't make such a complaint before the Section 21 was issued, then the improvement notice cannot invalidate it. Even if it turned out that the tenant had made a relevant complaint and your agent just hadn't passed it on, you could still issue a valid Section 21 on the basis that the property is being actively marketed for sale.

Thank you all for the information, I thought the notice
of improvement would invalidate the notice 21, and prevent
me from re possessing my property and continuing
to try and sell my property.

I am happy to be proved wrong.

Have you read what we've written?

Yes. I have read all comments and they have been
very helpful and put my mind at rest.

I am just not computer literate and have bern replying
to my own post rather than an individual.