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Gillyann
Starting Member
United Kingdom
1 Posts |
 Posted - 21 December 2009 : 20:29:19
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Hi and Merry Christmas to you all.
A question. I have a non paying tenant, (nearly 3 months overdue) I sent the Section 21 and Section 8 and then passed it over to my Insurance company as I have Landlord's Legal protection.
I contacted Landlord's Action today as they are the people chosen by my Insurance company to act for me. I thought I would get an update after 10 days of not hearing anything.
Turns out my S21 and S8 are invalid because the Letting Agent who found the tenant for me (I manage my own properties) did not do a full credit check search on this tenant before introducing him to me, yet sent me a letter, which obviously I still have, saying they had 'done all the necessary checks' etc.
When I queried this with the letting agent, they admitted they had not done a full credit check, but that the employee responsible had left the company. I then put it in the hands of my solicitor, who hopefully is going to sue them for negligence. The letting agent refuses to discuss this with me now, or any of the other tenants they found for me.
Landlord's Action say they had to start again and issue a S21 and it will be 5th March before they can start applying for Court proceedings, and Section 8, and then possibly end of May before I can get this tenant out. Obviously I am distraught about this. As all we landlord's know the rent is essential to pay the mortgages and insurances etc.
So, Landlord's Action told me I could pay them £665 to get the Section 8 underway NOW and get tenant out by end of February, so I am going to do this tomorrow rather than wait until May to get a new tenant in. LA also advised me to tell my solicitor to claim for the £665 as well as loss of rental income, as it was all their fault anyway. So I am doing this.
This particular house seems jinxed! There has been no end of bad tenants there since I bought it in 2005...I am thinking of selling it.
Am I allowed to put it on the market with an estate agent giving the appropriate 24 hours notice of a visit? I am considering offloading this property seriously, at least the tenant is keeping it is good order and I have a chance to recoup some money and move on. Can anyone advise me as to the legal position in this respect?
Been very good to this tenant, given him many chances and been a damn good landlord in so many ways......teaches us all a lesson, does it not!
Many thanks.
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Putting house on market while evicting tenant
