UK Landlord Forum / Life

Hi all

My lettings agency is refusing to send a Section 21 notice to tenants and suggested using a solicitor to do it as its become 'complex'

I've attached an image from the contract which says this

How do I get them to do it as surely its breach of contract or is it too risky of them making a mistake?

Thanks in advance

If that's the contract and you've been paying them the management fee, I'd suggest that if they're worried about it being "complex" that they sort out a solicitor themselves because you've been paying the fee for them to perform this service.

But, in reality, they're right, and there's every chance they'll cock it up. If I were you, I'd use their refusal to get some money back from the agent, and I'd use an eviction specialist (rather than a solicitor). I'd make sure the agent know that you'll be relying on them having done everything that was required in order to allow you to serve a valid s21 notice.
That should freak them out a bit.

To be honest, most tenants move out when they get a section 21 notice, if you're a bit flexible on the timescales.

Quote from: jpkeates on August 24, 2023, 02:39:51 PM
If that's the contract and you've been paying them the management fee, I'd suggest that if they're worried about it being "complex" that they sort out a solicitor themselves because you've been paying the fee for them to perform this service.

But, in reality, they're right, and there's every chance they'll cock it up. If I were you, I'd use their refusal to get some money back from the agent, and I'd use an eviction specialist (rather than a solicitor). I'd make sure the agent know that you'll be relying on them having done everything that was required in order to allow you to serve a valid s21 notice.
That should freak them out a bit.

To be honest, most tenants move out when they get a section 21 notice, if you're a bit flexible on the timescales.

Thanks for the advice I've spoken to a couple of solicitors today to get prices - rather than eviction specialists - hate the word eviction sounds awful for decent tenants its just time for me to sell up for one reason or another.

Out of interest would you give the tenant heads up the section 21 is on the way in a few days? We arent friends but they bypass the letting agency and text me with any problems anyway.

And also if there is something the letting agency has made a mess of its not going to help if it goes to court in the long run but can I get anything back from them been 12 years worth of fees going to them for seemingly not a lot back (quelle surprise!)

If you plan to sell the property, I'd not serve a s21 notice right away. I'd get the agency to talk to the tenant, to explain what you're planning (or do it yourself) and explain that you don't want to serve a formal notice right away, because they puts a lot of time pressure on the tenant (two months isn't very long), but you're definitely going to sell and they're definitely going to have to move.

Find out if your agent has any landlords looking to buy tenanted property or have any similar properties to rent.

If the place looks in reasonable nick perhaps offer to return their deposit to help them (tbh after 12 years your ability to claim anything from the deposit is remote)

Thanks - all good advice, I was going to give the heads up on the notice to the tenant - although not looking forward to it ahead of any formal process so it doesnt just land on them as it sounds pretty grim to get it without warning. More that its on its way.

If I say its 1st November notice for example, can I be flexible to extend it they dont find anywhere to say the 10th November or would that breach anything? Or do they have to go on 1st? Dont want to stitch them up at all - ideally I'd like them to be in postition to buy it from be a a bit of discount but doubt they can.

Quote from: jpkeates on August 24, 2023, 03:56:02 PM
If you plan to sell the property, I'd not serve a s21 notice right away. I'd get the agency to talk to the tenant, to explain what you're planning (or do it yourself) and explain that you don't want to serve a formal notice right away, because they puts a lot of time pressure on the tenant (two months isn't very long), but you're definitely going to sell and they're definitely going to have to move.

Find out if your agent has any landlords looking to buy tenanted property or have any similar properties to rent.

If the place looks in reasonable nick perhaps offer to return their deposit to help them (tbh after 12 years your ability to claim anything from the deposit is remote)

The section 21 notice expires on a specific date, but you don't have to escalate it to a court for another four months (they expire six months after they're served on the tenant).
So that 10 days would be fine, as would another month.

Thanks for the reply = cheers

Quote from: jpkeates on August 24, 2023, 06:39:16 PM
The section 21 notice expires on a specific date, but you don't have to escalate it to a court for another four months (they expire six months after they're served on the tenant).
So that 10 days would be fine, as would another month.