Forum Home Search Login Register
+  Landlord Forum
|-+  General Category
| |-+  Landlord Advice & Help
| | |-+  Section 21 potential objections

Section 21 potential objections

Pages: [1]
Print
Author Topic: Section 21 potential objections  (Read 146 times)
Newbie
Posts: 6

I like property

« on: March 03, 2020, 03:57:28 PM »

Hi all,

I am about to serve a S21 to a tenant. Relations with the tenant have completely broken down no matter how hard I've tried to be reasonable, and we want to do some work in the property too. I expect the tenant to contest it and will probably say the house is in disrepair. I don't think it is, but wanted to know what a court is likely to say.

The tenant sent a long list of items he wanted fixed a few weeks ago. Since then, we have spent at least 1,500 on replacing kitchen goods, full electrical health check, various other things. However we stopped when the tenant had clearly not paid his rent, when asked about the rent we were then told that he will not pay his rent until all issues are fixed. He's just giving us enough to avoid a section 8 at the moment, so that's not an option. Of the things left, I don't believe any are major. For example, the tenant reported that the grout in the downstairs bathroom was coming away, and a tiler confirmed to him that really all the tiles should be removed and re-done as there was water in behind them. We had wanted to just fill in the grout for now as we plan to knock down that bathroom after they have gone, so we sent a general odd job man in to do the grout but the tenant did not let him due to what the tiler had said to him previously. Similar story on the kitchen ceiling, it's wooden slatted, some of them are bowing slightly, the kitchen is likely to be knocked down so we wanted a quick fix to stop draughts, the tenant wouldn't allow him to do that. So my question to you guys: how severe do the issues have to be in order that a court would reject a S21? We don't want to spend loads of money repairing areas of the house that are likely to get knocked down, but equally we don't want to risk a S21 being rejected as a result. If any of you have experience of an S21 being challenged due to disrepair I'd love to hear your opinions.

Thanks in advance!
Global Moderator
Sr. Member
Posts: 400

I like poetry

« Reply #1 on: March 03, 2020, 06:28:55 PM »

As I understand it, it's not down to the courts to assess disrepair. The Section 21 is invalid if:

The tenant has complained in writing to the landlord before the Section 21 was issued

and

The landlord has not provided an adequate written response within 14 days (or has responded with a Section 21)

and

The tenant has then complained to the Council

and

The Council has issued an improvement notice before the S21 notice period expires

Sr. Member
Posts: 332

I like property

« Reply #2 on: March 03, 2020, 07:27:16 PM »

The Council has issued an improvement notice before the S21 notice period expires

Any time before the execution of the order for possession resulting from the s21 in question.
Newbie
Posts: 6

I like property

« Reply #3 on: March 03, 2020, 07:57:07 PM »

Thanks to both of you. So next question, do you have any knowledge on the sort of thing that would trigger a council improvement notice? Is it just the major things like heating/water/gas, or could they argue that the things I mentioned above are grounds for an improvement notice? I don't trust the tenant at all, I wouldn't be surprised if they tried to create issues in order to trigger an improvement notice, in order to invalidate the S21
Hero Member
Posts: 820

I like property

« Reply #4 on: March 04, 2020, 07:57:24 PM »

I would be surprised if a council would take action over grouting or a draught in the kitchen.I think the sooner you serve 21 the better.You can presumably provide proof of all the money you have spent,and that the tenant refused access for repairs.Good luck.
Pages: [1]
Print