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  • Legal FAQs

    What constitutes a Retaliatory Eviction?

    Trying to find information on this but finding no clear cut answer.

    Tenant has caused further damage and neglect to property and we are now fed up.  And no longer listening to common sense.

    pre 2015 AST.

    single adult know it all type.

    This April considering selling. Tbh I think will just break even at this point after costs.

    Im starting to believe tenant has a hidden agenda and trying to wear us down.

    It’s working. Tipping point reached. Sad

    Has expressed interest in purchasing the property before and imho is making our lives a misery.

    Can I give section 21 notice and market property for sale online? Hoping he will vacate in 2 months.

    Recent email complains of mould.

    Thankyou in advance.

    How easy is it to get vacant possession.

    In 15 years never used a section 21.

    If property does not sell at breakeven down the line can I relet without consequences. ?

    I know I can use landlord action but looking other experiences first before I make a rash decision. Besides left three messages with them yesterday and no response.

    I have no interest in selling with tenant in situ at a reduced price or making big losses.

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    Coming soon Investorsk8.com

    Wisdom - an integration of knowledge, experience, and deep understanding that incorporates tolerance for the uncertainties of life as well as its ups and downs. 

    Hi,

    I am sorry to read the misery caused by this situation.

    What damage is being caused? Is the rent being paid on time every time? If so, it does not make financial reason to evict a paying tenant who is happy to live in those conditions only to spend money to sell at even price or re-let again after void months?

    Otherwise, get rid via S21 and Landlord Action.  Life is too short to deal with non-paying on time tenant who is causing all sorts of problems.

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    Did you respond to his complaints in writing? You need to include what you intend to do and timescales. Your response needs to be sent within 2 weeks.

    If you believe that the mould is the tenant's fault, you need to tell them this. Explain what they need to do to stop the mould and how to clean it up.

    If you are genuinely selling the property then it is not retaliatory eviction. Tell the tenant you are selling (let them know they can buy the house at a slightly discounted rate (no agents fees)) and ask to be allowed to bring estate agents round.

    If you do this by email then if they refuse then you will have documentation to show they are blocking you putting the house on the market. If they do allow it, have the agents round to view the property and get prices. Serve section 21 notice with covering letter explaining you are selling.

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    To the original poster Investorsk8:

    Thank you for contacting Landlord Action and please accept our sincere apologies for being unable to get through to us.  We are looking in to this.
    In the meantime, we can help you with your problem tenants and offer fixed fees.  We are a firm of solicitors regulated by the Solicitors Regulation Authority.
    While the Landlord has a problem tenant, they need to be careful.
    Anything the tenant says should be noted down. Whatever the tenant promises, you should still serve notice. If the tenant's promises turn out to be true, you can choose not to act. Serving notice shows you are serious and gives you options.
    When you decide to serve notice, be extra careful. If the tenant doesn't leave then you will need to rely on that notice at court. If there's any error in how it was drafted or served, the case may be thrown out and you will have to start all over again. That's why drafting a notice yourself or using an internet service is risky.
    If you want Landlord Action to act, we are ready.
    To instruct Landlord Action Ltd to start the eviction process, contact

    administration@landlordaction.co.uk and request a copy of our Step 1 form.

    This is to prevent any further delays in gaining possession for your property.
    Step 1 - £120.00 (incl VAT) consists of:
    • Legal team review of papers, checking for any risks and opportunities;
    • 5 working day response from legal team with the results of the review (option to expedite at an extra cost – subject to availability);
    • Advise you if necessary;
    • Subject to all the information provided meeting the necessary criteria, we will draft and serve a notice;
    (We strongly recommend our Hand Delivery service: Landlord Action ordinarily will serve all notices by first class post. However, if you doubt the motives of your tenant or the property is renowned for its poor postal delivery record, then Landlord Action can arrange to have notices privately hand delivered to your tenant's address, thus eliminating any doubt as to service and showing your tenant the seriousness of the situation. The additional fee for this service is £120.00 incl VAT for London postcode properties or £156.00 incl VAT for outside London properties.)
    Please forward on the following documents:
    1. Completed form including a breakdown of rent arrears (please see form attached) if applicable
    2. A copy of the tenancy agreement(s)
    3. A copy of the deposit certificate plus prescribed information (if applicable) or proof of the return/offset of the deposit.
    4. Deregulation Documents -  EPC, Gas Safety Certificate and ‘How to Rent Guide’
    *Please note, that we reserve the right to increase our fee if matter is found to be non-standard. If this would be the case you will be informed in advance by your case handler (as per our Terms & Conditions).
    On receipt of the paperwork (you can return by email to administration@landlordaction.co.uk or post – using our Freepost label), we will call/email to acknowledge first and then request payment.
    Kind regards,
    Landlord Action
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    Founder of Landlord Action and Brand Ambassador for Hamilton Fraser