As I’m not local, the letting agent I used to find tenants said they would issue the Section 21 on my behalf. They have done this today and sent me copies of the docs. But I have noticed on the Section 21 that the postcode is incorrect, the last letter is a W and not an N.
The agent said they have the W postcode in their system and the mistake is probably because at the time it was a new build so postcode unsure they said at the time probably.
So is the section 21 invalid? I have family local that could issue it again I guess, but what do i say about the original section 21 in that case?
To futher complicate the issue, I had informed the tenant that I would be issuing a section 21 in the next few months because I have to sell due to divorce. I then am told that his wife is also living there but they are seperating and she needs proof for the council to say she lives there, but I was never told and only his name on tenancy. After a couple of months I say I have to put the rent up as he been there near 5 years with no rent increase and its well below market rate so I raise it to still under market rate so a small rise. So I issue correct letter for rent increase. When the rent increase date starts I then get a text to say he has left the property and his wife and child are still there and all correspondance should go to her and also she cant afford the rent increase so will still pay the old amount. This is when I decide might as well issue section 21 even though I was going to give him more notice than the 2 month and told him this cos of all the messing around. FYI - the section 21 is issue in the tenants name, not the wife’s.
Do you have the wife as a permitted occupier? Did you do a right to rent check on her?
If it’s “a small rise” and you’re looking to get them out anyway, I’d forget the rent increase and just focus on the S21. Because it sounds like you want this to be watertight and as they’re not cooperating now and are unlikely to in the future, I’d be contacting a solicitor who specialises in evictions. Then you can get them to sort out the S21 issue.
When I had (and paid) an agent, I had them send me any serious paperwork before they issued it to T for me to check first. That would have prevented your S21 issue. It’s a LL’s responsibility to manage the agents while their responsibility to manage the property.
Who texted you to tell you all correspondence should go to her?
Never been told the wife was there until i kindly mentioned to the tenant my situation with the divorce and i would have to sell but I would try and give him a few months notice when i would do it on top of the 2 months noticed in the section 21. Then i get a call from his wife saying she is seperating aswell and she needs proof she is a tenant there cos she realised she was never on the tenancy. When he took the tenancy on he said he was seperated from his wife, but that was probably a lie and she moved in with him. Its a 2 bed house so not like i would have said no so not sure why they did it.
I got the text from the husband saying he has left and i should contact the wife who is staying on.
Ive now issued another section 21 myself with the correct details.
If you’re not going to use the agent, you should find a way to stop paying them. You seem to be doing all the comms and work. You’ve not given us an idea of the duration of this tenancy so far, but I would be asking why the agent hasn’t picked up on the extra occupants while doing inspections. I’d be keeping all correspondence with agent and issuing a complaint to them in prep for taking it further to possibly recoup some of the costs that are highly likely to be coming your way as you try to get her to leave.
As you’re in touch with the T, I would send him a formal letter (keep copy) informing him that you have never given permission for her to be there as a permitted occupier and therefore he is solely liable for the tenancy and you will be continuing to communicate with him.
As she seems intent on staying and has a child, I would be getting a solicitor involved. She’s unlikely to leave of her own accord.
A lot of judges are. Pedantic and throw out s21 for spelling error
You need to rectify that as the wrong postcode is the wrong house
Contract and s21 should match and should be correct
Don’t let tenant know there is an error or they will use to their advantage
Don’t protect the wife by giving her tenancy but if she is truly his wife she may get spousal privilege
You need to clarify
Do you have a solicitor who can go this
Tessa has advised novices to get proper advice as this is not the time to make mistakes now s21 is being removed
The wife and child have no tenancy rights under housing law unless youve accepted rent from them, but they may under family law. You may need advice from an eviction specialist on this situation. If they dont have any rights, you may be able to use a common law Notice to Quit as the tenant is no longer living there. This could end their tenancy much quicker.
Messy situation. Regardless of him “moving out” he is still the tenant. Don’t use a Solicitor use an Eviction specialist, we used Mark Dawson AST - a few other specialists also come up on the Facebook groups. Don’t be soft on them, been there done that, doesn’t help you.
It’s crucial to get Section 21 notices right, so catching the error early is good new. It’s much easier to fix now, so I’d contact the company who issued the notice in the first place, or speak to someone more competent and less prone to simple mistakes.
Re the other “complications”, its a legal issue, so speak to an eviction specialist. I’d avoid relying on well-meaning but unqualified online advice because any mistakes can cost you dearly down the line.