Accelerared possession

Has anyone used Open Rent provider for accelerared possession. How was experience?

Council has emailed after 1 month that S21 my estate agent has issued is not valid.We have emailed back asking for reason. Also,Council has advised tenants to stay put after ballif arrives saying you will have 28 days to move.

thanks in advance

@Ona1

If your s21 was invalid you do need specialist legal advice. There’s a shelter page (Google ‘shelter What makes a section 21 notice invalid’).

The providers OR partner with, ‘Landlord Action ‘ do have reviews on Google and (rather mixed) on trustpilot.

Good luck

Ask the agent what forrm they used. They should have downloaded a fresh copy of form 6a from the Govt website.

Check the “nearly legal s21 flowchart” to see if its otherwise valid.

Another example of why you cannot trust local council

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@ona1

See also nrla page on this

Google “Does your local authority tell tenants to wait for the bailiff? | NRLA ‘

As @Colin3 says, as taxpayers we can rely on the council to look after their own interests and try to minimize the costs of providing accommodation for the potentially homeless by telling them to stay - even if the tenants then incur further rent arrears.

However if your s21 actually is invalid then eviction by bailiffs on your behalf would be illegal and a criminal offence by you. Maybe check before you try sending them in…

Good luck

Has anyone used Open Rent provider for accelerared possession. How was experience?

Council has emailed after 1 month that S21 my estate agent has issued is not valid.We have emailed back asking for reason. Also,Council has advised tenants to stay put after ballif arrives saying you will have 28 days to move.

thanks in advance

The council provided the deposit. So the agent sent EPC, Gas certificate, EICR. On simply asking Council why it is invalid: I am getting link to Shelter website; instead of simply answering in one word. Also, in asking Council to provide some other related document; Housing officer is hostile now. No reply to email. On phone I told her I am going to drive to Council office; then housing officer replied to wait for 10 working days instead of normal 5 working days. The Council housing officer is definitely non cooperative now.

You mean this is a tenant the council recommended ? (provided the deposit)

@Ona1 so why don’t you just try looking at the shelter website page '(Google ‘shelter What makes a section 21 notice invalid’ ) and check all the reasons listed (each of which it explains in detail).

If you have served the s21 correctly dealt with deposit properly etc the council may still believe you did something wrong based on what tenant has told them (they may not remember being served the prescribed info for the deposit or may claim they never had a gas certificate…).

If agent sent it all to council not the tenant (or not tenant as well) they made a mistake by not serving it on the tenant; (if they didn’t get written confirmation from tenant it had all been received they made another mistake) and s21 will be invalid for reasons listed on shelter’s website ie not served on the tenant

“Hostile” is emotional- council is just being entirely rational. Remember Council has no obligation or interest in helping you and is like the lawyer opposing you in a court case - they may not lie but they won’t be your friend either- the sooner you sort the s21 so it is valid the sooner they have to find somewhere else for what may be a troublesome tenant (presume there is a reason you are serving s21) so why would they help you?

Good luck

The Council probably won’t tell you what’s wrong with the s21 as its not in their interest. You have to find out yourself using the suggestions made earlier.

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Thank you for your replies. I have paid for legal team reconmended by friend for notice to be resent. however, I found their fees is same ÂŁ345 (paid as 100 plus 245) as Landlord Action.But I am kn doubt about it should be my name/my company name?The estate agent meanwhile had said that his name on notice is correct. So should it be estate agent/ legal team representative name on person serving notice?

Do/ don’t need to re serve all documents with new notice? The company has already charged money

Solicitors will always want to repeat any actions to make sure they’re done. Whose named as landlord on the tenancy agreement, the company or you personally? That’s who should be named on the notice.

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@Ona1 this sort of question is what you are paying the legal team for so the new s21 is done correctly. As you’ve decided to use them it makes sense to then take their advice? Find out from them all the reasons they think original s21 was invalid and check these yourself and that these have all been rectified.

345 is a small amount compared with the rent you will lose if tenants aren’t paying.

Good luck

Agent had used old form.