UK Landlord Forum / Life

Hello, Landlords and advisors here.

I am here again to help out my mother-in-law if I can....let me give you the history:

She rented her second home to her son and his finance (plus two kids) for three years back in 2021. she did contract but took no deposit.

For some unknown reason, the tenancy is in the fiancee's name, not the son and fiancee, so all section 21s, etc, have to go to her. (we need this fact for later)

She charges them 50% under market value rent all this time.

In October 2023, she told her son and fiancee she planned to sell the house in August 2024, when their 3-year tenancy was up, and asked them to leave by 4 August 2024 at the latest. 

She issued written section 21 notice in a letter in February 2024 - they ignored it

She then received a call from the council on April 24, telling her that Section 21 wasn't okay as she had done it to her son and fiancee. She was told to redo the notice in only her fiancee's name (and asked to give her an extension until the end of September 2024).

She told the council she would if she had to, but they would need to talk with her about an extension...they never did

The council took the section 21 notice from her as part of getting the son and fiancee up the housing ladder for a cheap council house.

The son and fiancee communicated all summer with my MIL about their plans. They just kept fobbing her off, saying they would get a council house soon (which they won't, as they need a 3-bedroom in a particular town, and they don't come up for rent).

They refuse to apply for private houses to vacate her property and refuse any requests to meet face-to-face to talk things over

My MIL needs to sell the house as soon as possible to pay back a mortgage that is coming to the end of term, and the tenants know this.

The son says he knows his rights, his mother is harassing him and his lady, and they won't move until the council houses them. he threatened violence as well, which scared my MIL.

My MIL is devastated at the split in her family and the son removing all contact with her grandson, who she cared for weekly....so guys, THIS IS A BIG MESS, and she is loath to go legal. Still, we don't think she has any option as a council has said they won't house them until they are homeless. (catch 22)

SO THE QUESTION IS, DID MY MIL SERVE HER SECTION 21 CORRECTLY? She filled in a paper the tenant gave her and sent only that to her and the council. The council wrote back and told my MIL she should have given the tenant a booklet on her rights when issuing the 21. SO THIS LEAD US TO LOOK ONLINE.

When my MIL rented the house to these pair, she DIDN'T give them the EPC, GAS CERT, or a how-to rent booklet (she had them but thought it's family, so we are all good!). She also didn't give her tenant them when she issued the first and SECOND S21 notices. 

As the council picked up on the lack of the booklet, we think the council knows my MIL hasn't served notice correctly (they emailed telling him about the booklet), and if my MIL pays 2500 to go to court, she will lose based on the S21.

Has she served it correctly as they were family, or should she serve ANOTHER S21 notice and give them the EPC, GAs Certificate, and booklet, and then she can go legal in another two months?

Also, if we have to do another s21, does anyone have any good letter proforma I could have...thank you in advance for the advice.

best wishes Alexandra xx

Quote from: Alexandra on September 05, 2024, 06:09:47 PMWhen my MIL rented the house to these pair, she DIDN'T give them the EPC, GAS CERT, or a how-to rent booklet. She also didn't give her tenant them when she issued the first and SECOND S21 notices.

SO THE QUESTION IS, DID MY MIL SERVE HER SECTION 21 CORRECTLY?

No, she didn't.

Follow carefully the flowchart that is provided here: https://nearlylegal.co.uk/section-21-flowchart/

This will show you the deficiencies in your Mother in Law's Section 21

Was there a valid Gas Safety Check? A missing certificate is one thing, no actual check is another.

The next step is possibly to increase the rent to market level to help cover the increasing mortgage costs.

The council are not neutral in this and the landlord needs to stop getting "advice" from them about things. They are not being helpful.

I would suggest an eviction specialist. Family related possession claims are stressful. And the involvement of a professional helps the tenants understand that the process is serious, and will avoid errors.

Quote from: Alexandra on September 05, 2024, 06:09:47 PMHas she served it correctly as they were family...

Consider how the modifier to that question doesn't make any sense.

It's time to pay to play. Floundering your way through this will be time-consuming, error prone and costly. Bite the bullet now.

There is no way your mother- in- law will be able to overcome the cunning  manipulation and emotional blackmail without expert support.  She needs a specialist eviction service urgently. It will work out cheaper in the end.  She also needs to report the threats of violence to the police. It will send a message, and also be on record if it comes to a court decision.

I agree with others that turning to the council is just daft, leave them out of it. It must be very stressful for her.  A friend' s parents became very flustered and failed to sell their own house by the end of the term.  The lender extended for several months,  so maybe she should let them know the situation ?

THANK YOU ALL FOR THE ADVICE:..SHE HAS ALL THE CERTIFICATES AND ...sorry shouting there and the electric check cert etc. she is dropping them in to post box tomorrow and videoing them going with the how to rent booklet.  Then in a few days she will serve a new s21 on the for 6A and she is giving them until 30 November.  So that's over 2 months (after serving notice in feb and April as well... but this time nothing will be at fault with it!

3 December she plans to go legal no matter the threats or hassle the family bring her with our support.

Can you guys recommend any good eviction agencies you have been happy with please...AND FOR ME - what should this kind of eviction cost us? we are in Cheshire area if fees vary for areas.

Thanks again for help...we are personally planning to get back into UK property rental market soon so this is yet another learning for us too.

best wishes everyone Alexandra xx

If you're going to use an eviction company, which I would. Let them post the documentation and serve the s21 notice. Don't do part of it and let them pick up the pieces.