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Received notice from Bristol Council's Environmental office

Started by Landlord1, April 27, 2016, 12:36:31 PM

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Landlord1

Please help- I have received an email from the BCC Environmental office asking me to attend to faults as reported by my tenant. Communication between us have been poor every time i send someone there is always an excuse from them. I got this tenant through an agency however i refused to let them manage my property because they let me down on several occassions. I want to give the tenant notice (contract says 6 months) they still have a couple of months till the end of tenancy,  the question is can i give them early notice on the basis that i will need to attend to the works identified, or I would have to wait for the six months, i strongly feel our relations are not healthy and I guess we equally fed up.

I am self managing the property do i need to tell the agency of my intentions since they are the one who drafted the contract.

Please help and thamk you in advance

theangrylandlord

Be wary of advice from a forum, especially my own.
Always do your own research.

It all depends on when the tenancy started
When you got the notice
When the tenatpnt complained to you etc
What exactly is the form of the notice
Have you served a section 21 already if so was it before you got the notice? Was it before any complaint was made by the tenant...

If the tenancy started after 1st Oct 2015..(?)
That means your tenancy agreement is subject to the Deregulation Act 2015
Of which section 33 is all about preventing retaliatory evictions...

About a year ago the landlord sites were ablaze with articles about the potential mischief this could cause....

Anyway without more info (i.e. Exactly what notice was received and a full timeline of events) its hard to be sure but there is a question as to whether the a section 21 if served now will be valid...

The specifc statute stiplulates a section 21 cannot be served within 6 months of a "relevant notice" being served
Where a relevant notice is
(a)a notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards),
(b)a notice served under section 12 of that Act (improvement notices relating to category 2 hazards), or
(c)a notice served under section 40(7) of that Act (emergency remedial action);

so need more info to answer your questions fully

Best of luck

Hippogriff

If, as you suspect, both parties are equally fed-up - instead of serving a notice you could consider offering early surrender? They might just go for it...

I'd expect a bit of horse-trading, but it might be worth it - only you will know.