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Section 21 Notice

Started by JackieM, August 17, 2024, 07:48:24 AM

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JackieM

Have decided to put property up for sale and Letting Agent has issued Section 21 Notice. We have heard from the Letting Agent that the tenant is very disappointed that we wish to sell and has said that her husband is terminally ill and she will be seeking legal advice. This is all hearsay and the Estate/Letting Agent has suggested we sell to investors only. From what I have read everything seems to be on the side of the tenant. This is very worrying. Anyone else had this problem?

jpkeates

Why did you start this process by serving notice? I'm not really surprised your tenant is disappointed. They've just received a notice that gives them two months to upend their lives, find somewhere to live, get selected and move house.

If you're selling a property, it's going to take several months, and you can be much more relaxed about time scales. With a bit of luck, you could possibly sell it to the tenant.

Getting a Section 21 notice to stick against a determined tenant's opposition isn't easy (hence the agent's suggestion that you sell it with the tenants in place).

That said, a terminal illness isn't a defence to a valid s21. Which their legal advice will confirm.

It also isn't really true that "everything is on the side of the tenant." You are telling someone to leave their home, so there's obviously a need for balance and due process. But there's no way to stop a correctly served S21, so the tenant might think that everything's on the landlord's side.

Hippogriff

Quote from: JackieM on August 17, 2024, 07:48:24 AMFrom what I have read everything seems to be on the side of the tenant. This is very worrying.

It's more worrying that your reading has led to such a misunderstanding.

I suggest you take another run at it, and if you have any specific questions (as opposed to just commentary and a plea for generic support) then we will do our best to provide insight.

Team work makes the dream work!

DPT

If the s21 notice is valid, you will eventually get possession, but it may take a while longer if they're prepared to go to court.