Questions have been raised about a council’s approach to Section 21 notices.
A lettings agent in Stamford, Lincolnshire, issued a tenant with a Section 21 notice last week but had not heard anything from the renter until an email arrived from South Kesteven District Council.
The agent says that in previous situations the council has called to discuss the circumstances and possible ways of getting the notice withdrawn.
This time, the agent was told in a message from the authority’s homelessness department that the tenant had been advised of their rights to remain in the property.
The email, seen by EYE, then said that the agent would have to follow the correct procedure if it wanted to commence possession proceedings.
However, the agent said it had already issued the notice in accordance with the law.
The agent told EYE: “The council is obviously giving very explicit advice on what tenants should and shouldn’t be doing in order to get a council house as soon as possible.
“It just shouldn’t be like this.
“We’re all very shocked about how direct this council have been in this case. They haven’t tried to get any information from us before chucking accusations around.”
South Kesteven District Council has been asked for a comment.
Vanessa Warwick, founder of landlord forum PropertyTribes, said this issue was a regular occurrence raised by its website contributors as councils don’t want the responsibility of rehousing tenants until it becomes critical.
She said: “Landlords have been up in arms about this for a long time.
“The issue here is that the tenant likely ends up minus a reference from their landlord and may also get a county court judgement against them, but the council does not tell them this when advising them to stay in their property and await eviction.”
I am seeing very similar emails about section 21 compliance and a council being somewhat silent on the reason they believe the notice is invalid. There are so many trip hazards for an agent to overcome in serving a valid section 21 notice, there is a good possibility the notice is indeed invalid.
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From how I read it, the council are not saying the notice is invalid, simply saying the LL/Agent needs to follow correct processes to regain possession of the property. i.e. the court route if the tenant remains in possession upon expiry of the notice.
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Agree with Peter. I have also heard the bailiffs need to come in before they get emergency housing.
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Anyone know which letting agent in Stamford this was? I would like a copy of the email. It’s about time councils were brought to book if the are advising tenants to go against legislation (if, of course, they have).
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S21 is a formal notice and not invitation to negotiate. Of course the council will probably incite the tenant to act in contempt of court once a court order has been obtained giving a date for the tenant to leave so the agent will need to go back to court to get a warrant of execution so the bailiff can be instructed. Councils appear to to be rogue authorities and unprofessional adding to tenants costs for their own convenience in delaying the enevitable. Inciting contempt of court is highly unprofessional used by many ROGUE COUNCILS.
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A section 21 notice is NOT a formal notice, it is only the first step in possession. Even a court order does not end the tenancy, only the enforcement of such by a court bailiff will end the tenancy.
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Incorrect spelling of a name, dates not correct, GSC, EPC, How to Rent and proof of deposit being protected will get a section 21 chucked out – it’s standard practice in our town that tenants are advised to sit tight until the first warrant is issued – especially if they’re in rent arrears. With a shortage of available council housing, it’s the most logical – if unethical way for the council to advise. Also can use emergency accommodation for them if they’ve actually been evicted – most tenants see that as a last resort and hold out for a house – which just isn’t available.
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Any lawyers out there? I suggest a court order does “end a tenancy” BUT a warrant of execution is required to perform the eviction or ENFORCE the COURT ORDER. The Court order normally states the date the tenant must leave thus ending the tenancy. Any legal opinions welcomed on which view is correct??
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If a court order did end the tenancy, then you would be unable to charge rent between the court order and the bailiff warrant being exectued, which could be a long time without money in London where it takes three months plus
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sorry but if you are charging rent after a tenancy has ended you are technically starting a new tenancy! What I suspect you mean is you are seeking mense profits between the tenancy ending and obtaining possession.
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sorry but if you are charging rent after a tenancy has ended you are technically starting a new tenancy!
If the tenant gave the notice, yes. But this is a landlord’s notice. Keep up.
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I don’t know what the ‘definition of “Formal” is ‘ but I can say that a Section 21 – if following legislative parameters IS a ‘Legal’ Notice to leave, because after its expiry a Landlord will incurr court fees that once incurred, the Tenant is liable for. This ‘age-old ‘ process is known as Gate-keeping. Two Housing ministers and the Homelessness Reduction Act 2017 say that Local Authorities are not to advise Tenants to merely and only defy a legal notice. L.A’s are supposed to record the Homelessness application ( which becomes a statistic, that govt measure critically ! ) and assist the person to try to find alternative accommodation. The Local Govt Ombudsman has previously criticised L.A’s for this practice.
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It is a formal notice requesting a tenant to vacate and if they don,t the next step is an application to the court. without first serving a S21 you can not take the next steps. I did NOT suggest a tenant must leave on that notice (S21) and in my comment I go on to refer to a court order so I thought any professional would understand the process. It is not an invitation to negotiate it is a formal notice starting the process of obtaining possession. Council’s might try to prevent the process by intervention. Providing you have complied with the law the process can be followed successfully. I am sure most agents are competent and know the correct process of what needs to be done to comply (correct service of GSC, How to Rent, EPCs etc etc) – after all that is why you all claim to be the reason landlords should pay for your services. It may be expedient for councils to incite tenants to commit contempt of court for their own convenience but the point I was making is that it is unprofessional and incorrect. I hope this assists in understanding my comment.
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fair points, but the process is so complex now, that most self managing landlords, and IMHO a signficiant number of agents get it wrong. Simply serving a HTR guide is not sufficient, it will depend on the the relevant HTR guide at the time a tenancy was renewed or went stat periodic, and dont forget it you serve the HTR Guide electronically, you must have got permission from the tenant to do so before service.
Then you have a GSR and all the shenignans with the recent court decisions, and dont even get me started on deposit compliance.
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Darrel. I accept all of that and the complexities of getting it correct including the trip hazards the government has introduced. Fact is councils have no powers to prevent the legal process but they certainly try to cause problems. In a recent case I found myself explaining they not my friends and I have no desire to deal with them as I knew my papers were all in order. Ok arrogant maybe.
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It is not an invitation to negotiate The letting agent in this article thinks it is. The agent says that in previous situations the council has called to discuss the circumstances and possible ways of getting the notice withdrawn.Point being – any landlord or agent is at liberty to discuss retracting a section 21 if they want to. Whether you want to is another matter.
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“any landlord or agent is at liberty to discuss retracting a section 21 if they want to”
Never that simple though. When one withdraws/retracts a section 21 notice, one is in fact creating a new tenancy, as you would be renewing or it becoming a periodic tenancy. As such, all the issues that apply when renewing/ becoming a periodic, will need attention.
I mention this because if, from 1st June, a landlord/agent withdraws/retracts a section 21 notice, a portion of a deposit, if above 5 weeks, will need to be returned to the tenant. This is just one of the issues; another is EPC updates will potentially kick in earlier than otherwise would. Of course, updated how to rent guide and, if applicable, deposit protection T&C’s will need to be given as well. Worth knowing if there is a need to again serve a section 21 and for it to be valid.
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How do you figure that, Peter? The 01st June, s.21 withdrawal 5 weeks deposit thing, I mean…
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A periodic tenancy is created in the above scenario, but, in my book, it will be a contractual periodic as oppose to a statutory periodic as it was done by agreement of the parties. As such, I take the cautionary view that this will come under the tenant fee ban which limits deposits to 5 weeks, or 6 weeks if the rent is over £50k.
Time will tell if a cautionary view protects us from any ambiguity in the law.
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A section 21 will expire after 6 months anyway so you can just do nothing and let the tenancy continue.
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A court order for possession does end a tenancy.
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i would be interested to understand your logic. When do you think the tenancy ends?
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sorry Charles 76. Misread your comment!
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How? A court order merely advises all parties that the court has awarded possession of the property to the landlord. Possession only occurs when the landlord has the property back either by way of the tenant surrendering, a bailiff appointed by the court obtaining possession or a High Court Enforcement Officer doing the same. If a landlord chooses any other route to obtain possession, he/she/they will be committing an offence – usually unlawful eviction and will end up much poorer if prosecuted!
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Leicester City Council don’t do it to us anymore; as soon as we get involved with tenants who have been advised to remain, their tune changes and they’re quite quick to assist.
We have a complaint letter template that’s like a golden bullet. Yes, it takes a couple of weeks to be addressed but once they receive it two or three times, their tune changes.
We’ve started selling it to landlords and other agents and they’ve also been having good results.
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In a lot of cases it’s Shelter and the CAB that are advising sit tight. That’s the first port of call for most tenants that we issue Section 21’s to. If you’ve a complaint template for them – that’d be great 🙂
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I classify any organisation as ROGUES if they intentionally give out incorrect information or incite anyone to act in contempt of a court order. Shelter is a political organisation in my opinion with overpaid staff. My definition of a charity are people who offer their time for free not a money making organisation who pays large salaries to ceo’s. I accept many will not agree my views on this. I expect dislikes for saying it as it is.
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this has been an ongoing problem for years as i recal didnt one of the various housing ministers that weve had over the years write an open letter to all local authorities pointing out that they cannot and should not disregard any tenant that has been served a valid section 21 notice yet they continue to take tha line that tenants should stay put untill due legal process has been taken < this off course incures cost which our clients have little or no chance to recover the courts have to deal with thousands of cases that are not nessacary thus freeing up space for genuine court appearences tenants would not be hit with county court judgements making their prospects of reletting minimal, the only people that this serves is the council…….!!!
Isnt it time that the government put a stop to this ilegal practice after all the landlord and tenant bashing we as an industry have incurred over recent years ( oh of course thats not a vote winner )
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If the Agent who received this email would like our pro-bono assistance –
Please contact us http://www.PossessionFriend.uk
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Several Housing Ministers ago we had a chap called Brandon Lewis keeping the seat warm. At that time he wrote a letter to all councils giving Gov advice as to how to deal with Section 21. We use this letter whenever the council start to give their normal advice of staying put, i have a short to the point letter which accompanies a copy of the letter – hasn’t failed so far!
https://landlords.org.uk/sites/default/files/2017-10/Lewis%20Section%2021%20Letter%20to%20LAs.pdf
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