It comes under Section 34 of the Deregulation Act 2015:
(2)Subsections (1) and (2) of section 33 do not apply where at the time the section 21 notice is given the dwelling-house is genuinely on the market for sale.
Yes, its s34. I found it after posting. Thanks.
1 Like
No problem, as long as they can show that they have genuine intent to sell, then they’re covered.
Council doesn’t sound like it’s on the LL’s side. There’s also the possibility of being fined for not having complied with compulsory licensing. My council were lenient when i found out by accident it had been introduced last year and let me apply late for two properties. This council might not be so compassionate in this case.
@MichaelSandy it took me 4 months to actually get a license after applying. If you need that to issue a S21, you might be waiting a while.
The problem with putting it on the market now the horse has bolted is that you’ve got two tenants in it who are going nowhere and could make arranging viewings difficult. That could have a deterimental effect on your chances of a sale.
True, but they don’t need to necessarily get it sold now. As long as it’s for sale, regardless if anyone can view or not, then it protects them with the S21. But it’s all academic anyway, until that license is sorted out, the S21 is invalid anyway.
Its not uncommon for the Council to forgo charging a penalty for late licence registration, particularly if you discovered it before they did. However, it doesn’t stop the tenant claiming a Rent Repayment Order and the Council may even assist them to do it. In the OP’s case, a tenant facing a valid s21 notice may get advice that this is in their interest.
1 Like
Definitely, the biggest cost to councils is the provision of housing. Once the tenant is evicted by a court, they become their problem. They’ll use any tactic to make you keep them.
1 Like
The problem of land lords want more and more money but not fixing house why you people taking rents maintain your property why tenants pay for your property
It’s the owner responsibility to maintain their property why tenants pay for your property they are already paying you rent
2 Likes
A tenant has a responsibility of notifying their landlord of a problem as early as possible to avoid unnecessary increases of cost to the landlord if the problem were to worsen. This is especially apparent during water related issues.
In this instance, the tenant has failed to notify landlord early on and has let the problem escalate, causing additional expense.
3 Likes
Are they meant to know what requires repair via telepathy? How is the landlord meant to repair something, if they are not made aware of it?
3 Likes
Completely correct and not doing so would be a breach of contract, but unfortunately in the eyes of a Section 8 hearing, that alone wouldn’t have much sway.
1 Like
The first part of your comment is correct, the second is absurd. Some landlords are more than willing to repair and maintain their properties, but unfortunately tenants can make it difficult to access a property, as in my case. Other tenants simply do not notify landlords of repairs and then may decide to go directly to the council, once these repairs have significant worsened due to not carrying out preventative maintenance, had a tenant informed the landlord at the beginning.
It’s not all a one way street.
2 Likes
Incorrect. It’s the joint responsibility of tenant and landlord and who has responsibility for what is outlined in any decent tenancy agreement. Welcome to the UK Tajdar 
2 Likes
Good job we are not his landlord
1 Like
Ugh feel for you, horrible situation, been through similar.. Is your address listed with the Council ? we had Bell Agent who used to be Hunters Durham fully managing our properties, our properties Council address was my ExAccountant and we did not get the Selective License notifications. Bell Estate Agent did nothing, tried to drop us and then took 500 stg from us for doing nothing.
So yes we had to apply for the license mid eviction - the Licensing Team takes a deposit immediately then you wait to for the license, we re-issued the S21 immediately after we applied for the 2 licenses - like you we had issued a S21 to evict and sell, so like you the Council looked for reasons to stop us - but we had an Eviction Specialist on it thank goodness. Our scum bag druggie funded by UK tax payers had already threatened to stab anyone trying to evict which also included the Electrician trying to undertake an EICR which was required for the Selective License - you see where this is going, round and round like you? - Durham Council threatened us with a 30k fine for no EICR despite this would involve the murder of an Electrician… So yes Councils are Bullies. After getting the License touted as being to combat antisocial behaviour the council then said tampering with his meter (getting free electricity for 5 years!! ), throwing needles into the garden below and threatening to stab people - all simply not their problem.. not anti social behaviour? Luckily my business partner has the interperson skills of a Saint so he talked all this down begging and grovelling to said bullies. So the scumbag is now someone else’s problem, S21 went ok, got a CCJ which I suspect did not deprive him of being rehoused as it is said to do and sold the flats.
The Eviction specialist cost was under 1k, all my properties the Licensing teams have come and and insisted on similar stupid renovations even when they were flat out wrong - but you have have obstructive tenants so you will need to document everything you attempt to do.. Actually.. the best thing they can do is obstruct as those repairs will cost you more than eviction fee of Mark Dawson AST - just need it all documented and you wont have to pay the remainder of the license fee as it wont be issued if they deny entry. The eviction took about 6 mths but luckily we were being paid directly from the State.
Pay out of the Deposit nonsense.. I not only didnt get that money out of the deposit for a 100% clear cut breakage but I got nothing at all I was owed a couple thousand over and above what they did. The system is stacked against you.
I have one top notch property left to sell and no doubt Taty will jump in as he always does and say dont let the UK broken state hit my on my derierre as I sail off into a warmer sunset. My proceeds are invested in the global markets.. Gold has gone up 50% and is set to go up more, all my other investments are up 12- 30% - It’s a much better return than property as long as you have the best tax situation.
1 Like
Thought you’d already gone mate 
This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.