UK Landlord Forum / Life

Hiya please could you help,I've giving my tennent a 21,since I've giving him that he say the boiler not working,me and a partner brother and handyman, went to the property but it works hot water central heater works,handyman witness with brother and partner that it works,any advice as we think he's up to no good?!

What help do you want..  The doesn't appear to be any question

Hi, sorry if I was not clear,but if your evicting a tennent they can delay the eviction if they say there a problem with your property in this case  they are saying all the time my boiler is not working but it is,so what can I do to protect myself agains there  lies when it comes to my boiler what is working in good order.  HELP PLEASE!

Only if your route to eviction is a Section 8 - disrepair is a defence. A Section 21, which you say you have served, has no defence... assuming you did everything you should with any deposit you may have taken, of course. Disrepair is not a defence for a Section 21.

What could delay a section 21? What if he makes claim of  harassment  Could that delay a section 21?

No. If you failed to protect the deposit correctly then the Section 21 would be considered invalid.

http://www.landlordlawblog.co.uk/2009/08/16/defences-to-possession-proceedings-spurious-and-otherwise/

Ok so let's say you did not protect your deposit how do you  rectify  Your mistake  and serve a section 21?

Be wary of advice from a blog (especially my own)
Always do your own research

"Let's say" you did not protect your deposit??
You mean haven't done so have you?

You cannot serve a section 21 notice until either:
1. You return the deposit or
2. The tenant makes a claim through the courts for you to return the deposit.  The tenant can also seek up to three times the deposit from you.  Once the claim is settled then you can serve a section 21.

Note even if per 1. You return the deposit the tenant has now up to six years within which to submit a claim for up to three times the deposit.  This applies even if you return the deposit and are successful in a subsequent section 21 eviction order.

You could try a section 8 notice but it doesn't appear you have any grounds for doing so.

Best of luck

Hiya can anyone tell me what makes a 5yr ast  legally binding  what's the procedure to make it legally binding?

You're welcome....

Answer to your second question is to ensure it is signed as a Deed not an Agreement.

Hiya so don't you have to  register a deed with some form of a solicitor or authority to make it legal?

No

hiya I have so many  questions, I have served a section 21 on tenent,why would the council phone me asking about it the situation are they going to see if they can delay eviction and is it normal for them to phone landlords when we serve a section 21,if you could  sure your knowledge or experience with the council in a situation like this ?